General Motors Acceptance Corp. v. Byrd

OPINION

BURDOCK, Justice.

General Motors Acceptance Corporation (GMAC) appeals from the denial of an injunction in the court below. GMAC sought, by injunction, to recover the $18,-500.00 it paid to Sheriff Don Byrd at the Sheriffs execution sale of a 1979 motor home belonging to appellee-defendant Stanley Bennett. GMAC had a duly perfected first and prior lien on the motor home at the time of sale. Appellee-defendant TriContinental Leasing Corporation had previously obtained a personal judgment against Bennett in an unrelated suit, and the Sheriff sold the motor home at the execution sale to…