Credit Bureau of Broken Bow, Inc. v. Moninger

The Credit Bureau (plaintiff) obtained a writ of execution on its judgment against Moninger and, on July 7, 1978, a deputy sheriff verbally informed Moninger he was executing on Moninger's pickup truck (after finding no recorded liens) without physically taking the vehicle; three days later, on July 10, Moninger and a bank executed and perfected a security agreement on the same truck, and the sheriff physically seized and sold the truck on July 13. The trial court awarded sale proceeds to the bank as the secured creditor, and the Bureau appealed.