Guest v. Mitchell

Smith, Judge.

Appellants brought an action to enjoin appellees from transferring property in defraud of judgment creditors. The trial court granted appellees’ motion for summary judgment, holding that the judgment against appellee had been satisfied by the “release” of an alleged joint tortfeasor. See Zimmerman’s, Inc. v. McDonough Const. Co., 240 Ga. 317 (240 SE2d 864) (1977); Powell v. Davis, 60 Ga. 70 (1878). We reverse.

In May, 1975, appellants brought an action against Bobby D. Mitchell, B & M, Inc. and Marcelle R. Mitchell. According to appellants’ affidavit, “ [i]t was alleged... [that]…