DAKOTA BANK & TRUST CO. v. FEDERAL LAND BANK

Civ. No. 880210.

437 N.W.2d 841 (1989)

DAKOTA BANK AND TRUST CO. OF FARGO, a North Dakota Banking Association, Plaintiff and Appellee, v. FEDERAL LAND BANK OF SAINT PAUL, a corporation; Chester A. Brakke, aka Chester Arthur Brakke; Alice Brakke, aka Alice M. Brakke; Pioneer Life Trust; Ronald D. Brakke; Nancy D. Bye; Jean M. Brakke, deceased; Timothy J. Brakke; Karen Jean Brakke; Ronald Daren Brakke; Common Title Bond & Trust, a Nevada Trust PC—Trustee; United States of America; The Pierce Co., Inc.; South Dakota Wheat Growers Association; Rust Sales, Inc.; Donald Hansen; State of North Dakota; Horace Farmers Elevator Company; James Stegman; Hall GMC, Inc.; State of North Dakota, Vivian E. Berg, Disciplinary Board of the North Dakota Supreme Court of the State of North Dakota, Sarah Vogel and Nicholas Spaeth, of Bismarck, North Dakota; Esther A. Olson; all other persons unknown whether as heirs, legatees, devisees or creditors of Jean M. Brakke; and all persons unknown having or claiming an interest in, or lien or encumbrance upon, the real property described in the Complaint, Defendants, Chester A. Brakke, aka Chester Arthur Brakke, Alice Brakke, aka Alice M. Brakke, and Ronald D. Brakke, Defendants and Appellants.

Supreme Court of North Dakota.

March 21, 1989.


Attorney(s) appearing for the Case

Lamb, McNair, Larson & Carlson, Ltd., Fargo, for plaintiff and appellee, argued by Bruce H. Carlson, Fargo.

Chester A. Brakke, pro se.

Alice Brakke, pro se.

Ronald D. Brakke, pro se.


LEVINE, Justice.

Chester Brakke, his wife, Alice Brakke, and their son, Ronald Brakke appeal from a district court judgment quieting title to certain real property in Dakota Bank and Trust Co. of Fargo (Bank), and ordering partition.

Alice and Chester were tenants in common, each holding an undivided one-half interest in real property located in Cass County, North Dakota. After obtaining a judgment against Chester, the Bank ultimately succeeded to Chester...

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