New $two hundred, notice kept by Frontier Bank are unsecured
Robey plus testified the property was resold to have $71,, and that amount this new demo courtroom is liberated to take on as more a sign regarding market value
¶ 8 The Court regarding Civil Appeals accurately seen that $85, profile toward value of the house is at the new large avoid of the estimate created by Mr. Robey, who’s throughout the real estate business. Mr. Appropriately, that view is supported by the evidence displayed, and does not at all contradict this new findings of-fact of the demo courtroom.
¶ 9 The brand new Robeys together with assert your demo judge erred in the declining to prize them an enthusiastic attorney’s payment. They argue that while the findings of-fact become “a good attorney commission getting place because of the Court abreast of best application” that the judge is required to award the attorney’s fee. Brand new demonstration legal appear to reconsidered you to definitely prize due to the fact diary entryway rejected the fresh Robeys an attorney’s fee. The fresh Court off Civil Is attractive verified.
¶ ten Brand new Robeys allege he or she is entitled to a keen attorney’s fee pursuant so you can 42 O.S.2001, § 176, which provides: “Within the a hobby delivered to enforce people lien the brand new team to own whom view try rendered shall be permitted recover a fair attorney’s commission, become fixed from the judge, and this are going to be taxed as will set you back regarding the step.” The Robeys argue their step against Enough time Coastline is for starvation of the legal proper since the lienholders so you can receive the home, that renders the experience you to demand a great lien.