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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