State v. Brakke

LEVINE, Justice.

Ronald D. Brakke and Joane Kuball appeal from judgments of conviction entered on separate jury verdicts finding them guilty of theft of property and attempted theft of property. We reverse. 1

In the early 1980s, Alice Brakke and Chester Brakke, Ronald Brakke’s parents, held as tenants in common an undivided interest in real property located in Cass County. During that time, Ronald obtained several agricultural loans from Dakota Bank and Trust Co. of Fargo [Bank]. Chester personally guarantied some of the loans. Ronald defaulted and the Bank then sued Ronald and commenced a…