Robey along with testified the house try resold getting $71,, which count the newest demo court is liberated to take on as more a sign of market price
¶ 8 The brand new Court off Civil Appeals precisely observed your $85, profile on the value of the property is at brand new high prevent of your own guess made by Mr. Robey, who’s regarding the real estate business. Mr. Accordingly, that wisdom is actually backed by evidence presented, and does not at all oppose new findings of fact because of the trial court.
¶ 9 The brand new Robeys including believe the demo legal erred within the declining so you can honor her or him an enthusiastic attorney’s commission. It believe because the results of fact become “a reasonable attorneys payment becoming lay from the Judge through to correct software” your legal must prize the attorney’s payment. The trial court frequently reconsidered that honor because the journal admission rejected the latest Robeys an enthusiastic attorney’s fee. The Court of Civil Appeals verified.
¶ ten The newest Robeys allege he could be permitted an enthusiastic attorney’s commission pursuant in order to 42 O.S.2001, § 176, that gives: “Inside the a hobby delivered to demand any lien the newest group for just who judgment was made can be permitted get well a good attorney’s commission, as repaired by judge, and this is taxed once the will cost you from the action.” The fresh new Robeys dispute its step against Much time Seashore is actually for starvation of the legal right because the lienholders in order to get the house or property, that renders the action that demand a lien.
¶ 11 Identity 42 O.S.2001, § 19 provides this who has got a good lien that’s second-rate to another on a single possessions has a straight to receive the house or property in the sense as the owner you are going to, on the advanced lien. New Robeys met with the statutory right to redeem the house or property off Enough time Coastline. New Robeys had been provided damages from the trial courtroom once the A lot of time Coastline got notice they stated a good lien on the property. a dozen O.S.2001, § 764(A)(1). Whenever Long Coastline didn’t render find of your own foreclosure and income, it eliminated the newest Robeys away from redeeming the home. Those individuals liberties are statutory developing out of the lien the brand new Robeys got resistant to the assets.
¶ twelve Enough time Seashore compares the facts in this instance so you can Boundary Provided. Sav. and you may Financing Ass’n vmercial Financial, 1990 Okay CIV Software 105, 806 P.2d 1140. Therefore, a couple of banks held notes created by an identical debtor. The brand new $31, note held because of the Industrial Bank is secured by almost every other industrial report, that was as well as within the default. Financial institutions individually sued the latest debtor, and you may just after bringing wisdom, Industrial Financial ended up selling the brand new security in the sheriff’s profit, that have see so you’re able to Boundary. Boundary objected, but did not focus on confirmation purchase. Boundary upcoming filed another action, saying https://servicecashadvance.com/installment-loans-ak/ so it kept a properly-mastered protection interest in the fresh collateralized industrial papers from the advantage of a post-view garnishment proceeding, and you may tried actual and you can punitive damages to have loss obtain through Industrial Bank’s commercially-unreasonably acts. The fresh new demonstration court ruled in support of Commercial Financial, but denied Commercial’s software having an attorney’s percentage below § 176. The fresh Legal away from Is attractive confirmed, taking the fit wasn’t that enforce an excellent lien, one to Boundary Financial in reality didn’t come with lien into collateralized commercial papers. Conversely, the brand new Robeys got a beneficial lien towards real property foreclosed by the A lot of time Beach.
Basic Federal Financial, 1970 Ok 162, 475 P
¶ thirteen The Frontier case cites so it Court’s decision as a whole Digital Borrowing Corp. v. 2d 137, since the power for its holding. Overall Electric, the newest junior lienholder prosecuted the primary debtors. New elderly lienholder intervened and you may effectively dependent the fresh new priority of the lien. The fresh elder lienholder up coming attempted to collect an attorney’s payment regarding the brand new junior lienholder. This new demonstration legal denied the fee, and this Courtroom affirmed, observing your lienholders hadn’t affirmatively asserted their says up against both, but instead just resistant to the borrower. General Electric, 1970 Okay 162, ¶ 8, 475 P.2d at 138. The Robeys keeps asserted its claim up against A lot of time Seashore, and that distinguishes this situation regarding General Electric.