5004

The pledge and the mortgage are indivisible, even if the debt should be divided among the legal representatives of the debtor or of the creditor.\nTherefore, an heir of the debtor who may have paid a part of the debt cannot request that the pledge or mortgage be proportionally extinguished as long as the debt has not been paid in full.\nNeither can the heir of the creditor, who received his part of the debt, return the pledge nor cancel the mortgage to the prejudice of the other heirs who have not been paid.\nFrom these provisions is excepted the case in which there are several things given in mortgage or pledge and each of them secures only a specified part of the credit.\nThe debtor in such case shall be entitled to have the pledge or mortgage extinguished in proportion as he pays the part of the debt for which each thing is specially liable.\nHistory —Civil Code, 1930, § 1759.