Conflicts Keyed to Currie
Durfee v. Duke
Durfee (Defendant) brought an action in Nebraska to quiet title to particular bottom land along the Missouri River. The river’s main channel is the boundary between Nebraska and Missouri. Nebraska had jurisdiction over the subject matter only if the land was, indeed, in Nebraska. In full litigation of the issues, the Nebraska court found that it had jurisdiction and then determined that Durfee (Defendant) owned the land. The Nebraska Supreme Court affirmed and Duke (Plaintiff) did not appeal further. Two months later, Plaintiff sued in Missouri to quiet title to the same land. By diversity of citizenship, the action was removed to federal district court that decided while the land appeared to be in Missouri, the Nebraska ruling was res judicata on the issues and binding. The court of appeals reversed, and Defendant appealed.
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