Robey also testified the property is resold having $71,, and therefore count new demo courtroom is free to deal with much more a sign off market price
¶ 8 The latest Court out-of Municipal Appeals accurately seen your $85, figure for the value of the house was at the newest higher end of your own imagine produced by Mr. Robey, who is regarding the real estate business. Mr. Appropriately, one to judgment was supported by evidence exhibited, and does not at all contradict this new conclusions of-fact by trial legal.
¶ nine Brand new Robeys in addition to assert that the demonstration legal erred within the decreasing to honor them a keen attorney’s commission. They argue that because conclusions of-fact were “a reasonable lawyer fee becoming put by Judge through to best application” the judge is needed to honor the newest attorney’s fee. The demo courtroom frequently reconsidered one to award while the diary entryway refused the latest Robeys an enthusiastic attorney’s fee. The newest Judge out-of Civil Appeals verified.
¶ 10 The latest Robeys allege he is entitled to a keen attorney’s commission pursuant so you can 42 O.S.2001, § 176, that offers: “From inside the an activity delivered to enforce people lien this new people for just who wisdom was rendered shall be eligible to recover a good attorney’s commission, to be repaired by legal, and this are going to be taxed since the can cost you from the action.” New Robeys dispute its action facing A lot of time Beach is actually for deprivation of its statutory proper as lienholders in order to redeem the home, which makes the action you to definitely enforce a lien.
¶ eleven Name 42 O.S.2001, § 19 will bring this 1 who has got a lien that’s substandard to a different on the same assets enjoys a right to get the home in the same way as the holder you’ll, from the superior lien. The newest Robeys met with the statutory straight to get the property off Much time Beach. Brand new Robeys had been approved damage from the trial legal just like the Long Seashore got see they reported an effective lien about possessions. several O.S.2001, § 764(A)(1). Whenever Much time Seashore failed to promote see of your foreclosure and you will sales, they avoided the fresh new Robeys off redeeming the property. The individuals rights is actually legal developing from the lien the fresh Robeys got against the assets.
¶ twelve Long Beach measures up the information in installment loans Nevada cases like this to help you Boundary Fed. Sav. and Loan Ass’n vmercial Lender, 1990 Ok CIV App 105, 806 P.2d 1140. If that’s the case, two banking institutions stored notes produced by the same borrower. The brand new $30, note held from the Commercial Bank try shielded from the other industrial paper, that has been and additionally for the default. Financial institutions by themselves sued the newest debtor, and you can immediately following providing judgment, Industrial Lender sold new equity within sheriff’s income, with see so you can Frontier. Boundary objected, but failed to attract on verification buy. Frontier up coming recorded various other step, claiming that it kept a duly-mastered coverage demand for the new collateralized commercial papers because of the advantage regarding an article-wisdom garnishment continuing, and you may sought actual and you can punitive injuries for losings obtain owing to Commercial Bank’s theoretically-unreasonably acts. The latest trial courtroom ruled and only Industrial Bank, but refused Commercial’s application for an attorney’s commission significantly less than § 176. The new Legal regarding Is attractive affirmed, acknowledging the fit wasn’t one to impose good lien, one to Boundary Lender indeed didn’t come with lien towards the collateralized commercial papers. In contrast, the fresh new Robeys got an effective lien on houses foreclosed by the Much time Beach.
Very first National Lender, 1970 Ok 162, 475 P
¶ thirteen The brand new Boundary circumstances cites it Court’s decision as a whole Electric Borrowing Corp. v. 2d 137, once the authority for its carrying. Generally speaking Electronic, the new junior lienholder charged the primary debtors. This new elder lienholder intervened and you will properly centered brand new priority of its lien. The newest elder lienholder upcoming tried to assemble an enthusiastic attorney’s percentage off the fresh new junior lienholder. Brand new trial courtroom refused the cost, and this Legal confirmed, watching that lienholders had not affirmatively asserted their states against each other, but alternatively simply resistant to the debtor. Standard Digital, 1970 Ok 162, ¶ 8, 475 P.2d on 138. The fresh Robeys features asserted the claim against Much time Beach, and therefore differentiates this example out of General Electronic.
