one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised . . . . under color of a known election or appointment [that would otherwise be] void by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public
How many lawsuits have been filed on behalf of the public claiming Obama ineligible? It was known and protested by the public prior to his election and continues to this day.
Of course it was.