Congress Finance Corp. v. Funderburk

The Circuit Court of Russell County permanently enjoined the appellant, Congress Finance Corporation, from executing on a judgment or selling a 1977 Dodge van at a sheriff's sale. The trial court ordered the sheriff to release the van to the custody of the appellee, Kenneth Funderburk. Congress Finance appeals and we reverse.

A review of the record reveals the following pertinent facts. Diane Funderburk, sister-in-law of the appellee, stated that she bought the 1977 Dodge van from a private individual in the summer of 1976. Diane's husband, the appellee's brother, testified that Diane bought…