"To satisfy the doctrine, the officer must be in the unobstructed possession of the office and discharging its duties in full view of the public, in such manner and under such circumstances as not to present the appearance of being an intruder or usurper."
http://info.libraries.vermont.gov/SUPCT/160/op92-113.txt
Barry, has had ALL the appearance of being an intruder or usurper since the begining, and even before (a key point).
Complicating the issue, there is also an old English precedeent where the court found that the usurper’s authority continued after being deposed in a case asserting the usurper’s law qwas the law of the land until supplanted by the successor, so the decision against the defendant stood. Sorry, but I don’t immediately recall thename of the case or the particulars.
naturally, the lawyers will sow as much confusion and doubt as possible on any of these doctrines and cases.
Thanks for the details in this link you provided.