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Conflict of Laws Keyed to Kay, 11th Ed.
Durfee v. Duke
Citation:
375 U.S. 106 (1963)Facts
The petitioners brought an action in Nebraska state court in 1956 to quiet title to bottom land situated on the Missouri River, which forms the boundary between Nebraska and Missouri. The Nebraska court had subject matter jurisdiction only if the land was actually in Nebraska, which depended on whether a shift in the river’s course had been caused by avulsion or accretion. The respondent appeared through counsel and fully litigated all issues, explicitly contesting the court’s subject matter jurisdiction. After hearing, the trial court found for petitioners. The Nebraska Supreme Court affirmed after a de novo trial on the record, specifically finding that avulsion applied, the land was in Nebraska, the court had jurisdiction, and title was in petitioners. Respondent did not seek certiorari. Two months later, respondent filed suit in Missouri state court (removed to federal court) to quiet title to the same land, alleging it was in Missouri.
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