From our private database of 36,900+ case briefs...
Durfee v. Duke
United States Supreme Court
375 U.S. 106 (1963)
Durfee (defendant) sued Duke (plaintiff) in Nebraska state court to quiet title to land on the Missouri River on the boundary between Nebraska and Missouri. The Nebraska court's subject matter jurisdiction depended on whether the land was in Nebraska. Duke appeared in the Nebraska state court and contested jurisdiction, but litigated the case to completion. The Nebraska court held that the land was part of Nebraska by avulsion, found jurisdiction proper, and ruled in favor of Durfee. Duke appealed, but the Nebraska Supreme Court affirmed the decision after a trial de novo on the record. Instead of requesting a writ of certiorari, Duke sued to quiet title in Missouri state court, claiming the land was in Missouri and the Nebraska court never had jurisdiction. The case was removed to federal court based on diversity of citizenship. The district court concluded that the land was in Missouri, but nevertheless held that res judicata applied and the judgment of the Nebraska Supreme Court was binding. The court of appeals reversed, finding that the Nebraska judgment regarding a land dispute was not entitled to full faith and credit. Thus, under the appellate court’s view, a Missouri court had the right to reconsider the question of the Nebraska court’s subject matter jurisdiction. Durfee petitioned the United States Supreme Court for certiorari, which was granted.
Rule of Law
Holding and Reasoning (Stewart, J.)
Concurrence (Black, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 629,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 629,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 36,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.