Durfee v. Duke

Durfee (plaintiff) sued Duke (defendant) in Nebraska state court to quiet title to riverfront land whose location - Nebraska or Missouri - determined whether the Nebraska court even had subject-matter jurisdiction. Duke appeared, contested jurisdiction, but fully litigated the case; the Nebraska trial court found the land was in Nebraska by avulsion, ruled for Durfee, and the Nebraska Supreme Court affirmed after a full trial de novo on the record. Rather than seek Supreme Court review, Duke instead sued to quiet title in Missouri state court, arguing the land was actually in Missouri and Nebraska never had jurisdiction; the case was removed to federal court, which found the land was in fact in Missouri but held Nebraska's judgment was nonetheless res judicata and binding. The court of appeals reversed, holding the Nebraska jurisdictional ruling wasn't entitled to full faith and credit.