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GENERAL MOTORS ACCEPTANCE CORP. v. BYRD

No. 2-85-039-CV.

707 S.W.2d 292 (1986)

GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant, v. Don BYRD, Sheriff of Dallas County, Texas; Bill Long, District Clerk of Dallas County, Texas; Stanley A. Bennett, a/k/a S.A. Bennett, Sr., and Tri-Continental Leasing Corp., Appellees.

Court of Appeals of Texas, Fort Worth.

April 24, 1986.

Attorney(s) appearing for the Case

Biggers, Beasley, Amerine & Earle, Arch A. Beasley and Rick W. Hightower, Dallas, for appellant.

Goldberg & Alexander, Jerrold M. Bell, Dallas, for appellees.

Before BURDOCK, HOPKINS and HUGHES (Retired, Sitting by Assignment), JJ.

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 Sheriff's 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 Tri-Continental Leasing Corporation had...

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