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246 HIGH COURT OF ERRORS AND APPEALS.
The President and Selectmen of Natchez ». Minor.
permanently located the seat of justice at Gainesville, tbe laws elsewhere provide for such an emergency. How. & Hutch. 466, sec. 82.
Lastly; previous acts of the legislature are relied upon as having fixed, beyond the power of change, the seat of justice of the county. Acts of 1842, ch. 60, and 1843, ch. 13. Upon this point, it suffices to say, that the present act is as fully authorized as previous acts, and upon the same principles, and that the subject is at all times at the control of legislative action and discretion.
In consequence, with the foregoing opinion, and in accordance with the agreement of counsel, we direct the judgment of the circuit court to be affirmed.
The President and Selectmen of Natchez vs. William J.
Minor.
'
Irregularities of a sheriff, is giving notice of the sale of real ‘estate by him, under execution, will not vitiate the title of a bona fide purchaser at such sale ; nor will a total omission by the sheriff to give the notice, or his giving it in a mode entirely different from that prescribed by Taw, affect the title of a bona fide purchaser of real estate under execution, who has no knowledge of the misconduct of the sheriff.
A sale by a sheriff of real estate, is not the exercise of a mere naked statutory power, uncoupled with aa interest, but is the exercise of a power conferred by the judgment and execution.
The statute of this state (Acts of 1841, p. 116,) requires the sheriff to advertise real estate levied on under execution, for thirty days, by posting up notices in at least five public places in the county, one of which shall be at the door of the court-house. That statute was adopted by the United States circuit court; and the marshal of the state, having levied on real estate under an execution in his hands, advertised it for thirty days in a newspaper, instead of in five public places in the county, as required by the statute. The purchaser brought an action of ejectment against the defendant in execution ; and it was held, on proof of these facts, the judgment and execution being regular, that the purchaser had a right to recover the land, if he had no knowledge of the defective notice.