Dakota Bank & Trust Co. of Fargo v. Federal Land Bank of Saint Paul

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’s undivided one-half interest in the real property and filed suit for partition and quiet title. 1

Chester filed an answer to the complaint…