Joseph P. Bradley

“ The defendants holding under this deed pleaded prescription, and the court held it a sufficient title to base prescription upon. 'No evidence has been adduced,' said the court, 'to repel the legal presumption that the defendants' possession commenced in good faith.'
So, in Brien v. Sargent, 13 id. 198, want of due notice of seizure by the sheriff was held to be no obstacle to prescription being set up by one who claimed under the sheriff's sale; there being no evidence to impeach the defendant's good faith, and he having shown a regular judgment, execution, and sheriff's deed. ”

“ From these authorities (and others to the same effect could be cited) it is evident that although informalities occurring in a sheriff's proceedings under execution may be good ground for annulling a sale made by him if taken advantage of in time, yet that if the sheriff has authority to sell, and does sell, and execute a deed to the purchaser, the latter, if a purchaser in good faith, may set up the prescription of five years under the statute. ”

“ This law continued in force until 1870, when it was superseded by a general provision contained in the Revised Statutes of 1870 (sect. 3392, p. 659) , and in the Civil Code, as published in that year, art. ”