CITIZENS & SOUTHERN TRUST COMPANY (GEORGIA), NA v. Johnson

Andrews, Judge.

We granted the application for interlocutory review to review the denial of the motion for summary judgment brought by plaintiffs below, Citizens & Southern Trust Company (C & S), Oliver Murray and William Horne in their lawsuit arising out of the following facts.

In Octobery 1984, Johnson bought property from Horne and executed a promissory note to him for one million dollars, payable over ten years. On October 6, 1986, Johnson paid Horne $935,614.29 on the note and executed a second note for $50,000. The second note provided that the entire amount owed would be payable upon…