Noah Haynes Swayne

“ During all this time the marshal's acts were valid, as being those of an officer de facto. They were as much so as if they had been done by him de jure. These remarks apply with full force to his acts as a ministerial officer in the Bernhisel case. An officer de facto is not a mere usurper, nor yet within the sanction of law, but one who, colore officii, claims and assumes to exercise official authority, is reputed to have it, and the community acquiesces accordingly. Wilcox v. Smith, 5 Wend. ”

“ The acts of such officers are held to be valid because the public good requires it. The principle wrongs no one. A different rule would be a source of serious and lasting evils.
The marshal's sale and deed to Jennings extinguished the entire right of Smith to the premises. ”

“ The territorial law of Utah of Feb. 17, 1869 (Compiled Laws of Utah, 379) , authorized to be passed by the act of Congress before mentioned, gave to the party 'entitled to the occupancy or possession,' as well as to the 'occupant or occupants,' the right to apply for the judgment by the Probate Court, upon which, when rendered, the mayor was to execute his deed. ”