Robey together with affirmed the home was resold to own $71,, and therefore amount the newest demo court was liberated to deal with as more indicative regarding market value
¶ 8 The newest Judge regarding Municipal Is attractive precisely observed the $85, contour on the property value the house is at the newest high avoid of your own imagine from Mr. Robey, that is from the real estate industry. Mr. Correctly, that judgment are backed by evidence presented, and will not at all contradict the results of-fact by the trial courtroom.
¶ nine The fresh new Robeys together with believe that demonstration legal erred in declining in order to prize them a keen attorney’s percentage. They argue that as the conclusions of-fact become “a reasonable attorney fee becoming put by Judge through to proper app” your court must award the brand new attorney’s fee. The newest demonstration judge seem to reconsidered you to prize while the journal admission refuted brand new Robeys an attorney’s fee. The Judge of Civil Is attractive confirmed.
¶ ten The brand new Robeys allege he’s eligible to an attorney’s commission pursuant so you’re able to 42 O.S.2001, § 176, that provides: “In the an action brought to demand any lien this new class to possess just who view are made will likely be eligible to get well a reasonable attorney’s payment, are repaired of the judge, which are taxed just like the will cost you about step.” The new Robeys dispute their step against Long online installment ND Coastline is for deprivation of the legal correct due to the fact lienholders so you can redeem the property, that produces the action you to definitely impose a beneficial lien.
¶ 11 Identity 42 O.S.2001, § 19 will bring this one having a great lien which is lower to some other on the same possessions enjoys a straight to get the property in the same manner as its manager you will, from the advanced lien. Brand new Robeys met with the legal straight to get the house away from Much time Coastline. The latest Robeys was indeed approved damages by the demonstration courtroom since the Much time Seashore got observe they advertised a good lien throughout the assets. 12 O.S.2001, § 764(A)(1). Whenever Enough time Seashore failed to promote find of your property foreclosure and you can product sales, they stopped the fresh new Robeys of redeeming the house. Men and women liberties was legal arising out from the lien the latest Robeys had resistant to the property.
¶ several Enough time Seashore compares the details in such a case in order to Boundary Fed. Sav. and you will Financing Ass’n vmercial Lender, 1990 Okay CIV App 105, 806 P.2d 1140. In this case, a couple banks stored cards created by the same debtor. The fresh new $31, notice held because of the Industrial Financial was safeguarded of the almost every other commercial paper, that has been plus for the standard. Financial institutions by themselves sued the newest borrower, and you may just after providing wisdom, Industrial Bank offered brand new security in the sheriff’s sales, having find to help you Boundary. Frontier objected, however, failed to attract regarding the confirmation purchase. Boundary after that recorded another step, claiming so it stored a properly-mastered coverage interest in the fresh collateralized commercial paper from the virtue regarding an article-view garnishment proceeding, and you will tried real and you may punitive damages having loss incurred because of Commercial Bank’s theoretically-unreasonably serves. This new trial legal influenced in support of Industrial Financial, however, refuted Commercial’s application having a keen attorney’s percentage less than § 176. This new Court out of Is attractive affirmed, accepting that match wasn’t that enforce good lien, you to definitely Frontier Financial actually had no lien on collateralized commercial paper. Having said that, the fresh new Robeys had a lien into real estate foreclosed by Much time Seashore.
Basic Federal Bank, 1970 Ok 162, 475 P
¶ 13 The new Boundary case alludes to so it Court’s choice generally speaking Electronic Credit Corp. v. 2d 137, as the expert for the carrying. Typically Digital, new junior lienholder sued the principal debtors. The new elder lienholder intervened and you will successfully created the latest consideration of the lien. The fresh elder lienholder following tried to collect an enthusiastic attorney’s fee from brand new junior lienholder. Brand new demo judge refused the price, and therefore Judge affirmed, observing that the lienholders had not affirmatively asserted the says facing both, but alternatively merely against the debtor. Standard Electric, 1970 Okay 162, ¶ 8, 475 P.2d at 138. The Robeys enjoys asserted its allege against Much time Beach, and that distinguishes this situation regarding Standard Digital.
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