Summary

Portrait of Noah Haynes Swayne Noah Haynes Swayne Drehman v. Stifle — Opinion of the Court

If an action of covenant or ejectment had been brought, and it had been held that the constitution of Missouri affected the right of recovery, the question would perhaps have presented a different aspect. But no such case is before us, and we have not had occasion to consider the subject. The right of a State legislature to pass retroactive laws, where there is no inhibition in the constitution of the State, provided they do not impair the obligation or a contract, and are not ex post facto in their character, is too well settled to admit of doubt.
Source: Wikisource

Portrait of Noah Haynes Swayne Noah Haynes Swayne Drehman v. Stifle — Opinion of the Court

The defendant may have a valid title, the plaintiff possession without any title; and yet the defendant, having entered without the plaintiff's consent, may be dispossessed, and the plaintiff be restored to possession. If a party desires to assert his title and enforce his rights, he must resort to the remedies provided for that purpose. This form of procedure is not one of them. [3] It cannot, therefore, be maintained that this remedy entered into the contract between the lessor and lessee.
Source: Wikisource

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