Joseph Story

“ The act of the 3d of April 1826, is retrospective in its operation, and so designed by its framers. It is not for this cause unconstitutional. The power of a legislature to pass retrospective laws, is no where taken away, or prohibited by the constitution of the United States. It is true, a state cannot pass an ex post facto law which is a retrospective criminal law, but it can a retrospective civil law. ”

“ On the 8th of May 1785, James Mercer and Margaret his wife executed a deed of the premises, then being the property of the wife, to Nathan Thompson in fee, who afterwards, on the same day, reconveyed the same to James Mercer the husband, in fee; the object of the deeds being to vest the estate in the husband. The certificate of the acknowledgement of the deed of Mercer and wife to Thompson by the magistrate who took the same, does not set forth all the particulars as were required by the law of Pennsylvania of the 24th of February 1770, respecting the acknowledgement of deeds of femes covert. ”

“ But as the sovereign will of the people has excepted this power out of the grant of ligislative power, and has declared, that our bill of rights, contained in the ninth article of the constitution, shall for ever remain inviolate, its extinction in Pennsylvania will not occur, while the constitution is maintained by our courts of justice.
The act of the 3d of April 1826, does not embrace our case. ”

“ By the act of the 26th of March 1785, twenty-one years is the limitation of actions for real estate in Pennsylvania.
By the twentieth section of the act of the 13th of April 1791, no writ of error can be brought to reverse any judgment, given in any action, real, personal or mixed, after seven years. ”

“ The legislation in the supplement, set forth the object to be the same for its enactment as was declared in the original act; that estates of great value have been bona fide sold by husband and wife for a legal and sufficient consideration, and that, in all such cases, the persons who hold, should not be disturbed in the enjoyment of them thus equitably acquired. ”

“ It is an ex post facto act, impairing our vested rights, which descended under the intestate law of the 19th of April 1794, by virtue of the grant contained in the patent, and depriving the plaintiff in error of the protection of that law.
3d. ”