Stille v. Colborn

OPINION

REEVES, Justice.

This is a summary judgment case. The trial court denied appellant’s suit for collection of a promissory note and foreclosure of a vendor’s lien. Appellees contend the claim was a compulsory one that should have been urged in a prior lawsuit.

We reverse and remand.

In May 1982, appellants Louis and Jean Stille (Stille) conveyed their Lake Medina property to Richard arid Wanda Colborn (Colborn). In consideration of the sale the Colborns conveyed five acres of land in Wilson County to the Stilles and executed a note payable to them for $135,000.00. The note was secured by a…