West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 5,451–5,500 of 6,321 sections
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55-4-8 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Service of Declaration and Notice; Order of Publication To such declaration there shall be subjoined a written or printed notice by the plaintiff, or his attorney, addressed to the defendant and notifying him that su… Proofed
55-4-9 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Rule to Plead; Default Judgment Upon filing the declaration and notice, with proof of the service thereof as aforesaid, the plaintiff shall be entitled to a rule upon the defendant to appear a… Proofed
55-4-10 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Plea or Demurrer; Issue on Plea, and Evidence Admissible The defendant may demur to the declaration, as in personal actions, or plead thereto, or do both. But he shall plead the general issue only, which shall be that… Proofed
55-4-11 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Equitable Title of Vendee a Defense A vendor, or any person claiming under him, shall not at law recover against a vendee, or those claiming under him, lands sold by such vendor to such vendee, wh… Proofed
55-4-12 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Title to Equity of Redemption a Defense The payment of the whole sum, or the performance of the whole duty, or the accomplishment of the whole purpose, which any mortgage or trust deed may have been m… Proofed
55-4-13 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Notice of Equitable Defense; Not a Bar to Relief in Equity A defendant shall not be allowed to avail himself of either of the two preceding sections, unless notice in writing of such defense shall be filed with his plea… Proofed
55-4-14 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Fictions Abolished; Proof The consent rules shall not be used. The plaintiff need not prove an actual entry on or possession of the premises demanded, or receipt of any profits thereof, … Proofed
55-4-15 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment What Plaintiff Must Prove Against Cotenant If the action be by one or more tenants in common, or joint tenants, or coparceners, against their cotenants, the plaintiff shall be bound to prove actual ouste… Proofed
55-4-16 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Adverse Possession Under Patent, Deed or Other Writing In a controversy affecting land, when a person claiming under a patent, deed or other writing shall enter upon and take possession of any part of the land in co… Proofed
55-4-17 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Verdict With Reference to Parties If the jury be of opinion for the plaintiffs, or any of them, the verdict shall be for the plaintiff’s or such of them as appear to have right to the possession… Proofed
55-4-18 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Verdict With Reference to the Premises When the right of the plaintiff is proved to all the premises claimed, the verdict shall be for the premises generally, as specified in the declaration; but if … Proofed
55-4-19 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Judgment; Assignment of Dower The judgment for the plaintiff shall be that he recover the possession of the premises, according to the verdict of the jury, if there be a verdict; or if the j… Proofed
55-4-20 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Change in Plaintiff’s Right Pending Action; Additional Parties If the right or title of the plaintiff in ejectment be that of a tenant for life or for a term of years, and such right or title shall expire after the commence… Proofed
55-4-21 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Mesne Profits and Damages If the plaintiff file with his declaration a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall at … Proofed
55-4-22 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment How Damages Assessed If there be no issue of fact tried in the cause, and judgment is to be rendered for the plaintiff on demurrer, default, or otherwise, such damages shall be asse… Proofed
55-4-23 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Claim for Improvements If the defendant intends to claim allowance for improvements made upon the premises by himself or those under whom he claims, he shall file with his plea, or at… Proofed
55-4-24 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Balance as Between Damages and Improvements In such case, the damages of the plaintiff and the allowance to the defendant for improvements shall be estimated and the balance ascertained, and judgment ther… Proofed
55-4-25 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Assessment of Damages and Allowance for Improvements Postponed On motion of either party, the court may order the assessment of such damages and allowance to be postponed until after the verdict on the title is recorded. Proofed
55-4-26 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Effect of Judgment Any such judgment in an action of ejectment shall be conclusive as to the right of the possession established in such action upon the party against whom it is r… Proofed
55-4-27 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Effect of Judgment as to Persons Under Disability If any person against whom such judgment is rendered shall be at the time of the judgment an infant, or insane, the judgment shall be no bar to an action commen… Proofed
55-4-28 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Right to Recover Mesne Profits and Damages Against Those Not Parties Nothing in this article shall prevent the plaintiff from recovering mesne profits, or damages done to the premises, from any person other than the d fendants, w… Proofed
55-4-29 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Default or Surrender by Tenant for Life If any tenant for life of land make default or surrender, the heirs, or those entitled to the remainder, may, before judgment, be admitted to defend their right… Proofed
55-4-30 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Descent Cast The right of entry on, or action for, land shall not be tolled or defeated by descent cast. Proofed
55-5-1 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Method of Asserting Claim Any defendant against whom a decree or judgment shall be rendered for land, where no assessment of damages has been made under the preceding article, may, at an… Proofed
55-5-2 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Improvements Made Before Notice of Title If the jury be satisfied that the defend ant, or those under whom he claims, made on the premises, at a time when there was reason to believe the title good und… Proofed
55-5-3 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Fixing Value of Improvements and Assessing Damages The jury, in fixing and assessing such value and damages, shall estimate against the defendant the annual value of such part of the premises (if any) as was imp… Proofed
55-5-4 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements For What Period Annual Value and Damages to be Estimated The defendant shall not be liable for such annual value or damages for any period longer than five years before the action or suit was brought, except that, if … Proofed
55-5-5 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Verdict; Judgment or Decree After setting off the amount allowed the plaintiff (if any) against the amount allowed to the defendant for improvements (if any), the jury shall find a verdict… Proofed
55-5-6 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Lien of Judgment Any such balance due to the defendant shall constitute a lien upon the land recovered by the plaintiff until the same shall be paid. Proofed
55-5-7 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Reimbursement of Life Tenant by Remainderman or Reversioner If the plaintiff claim only an estate for life in the land recovered, and pay any sum allowed to the defendant for improvements, he or his personal representati… Proofed
55-5-8 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Mortgages and Trust Deeds Excepted Nothing in this article, nor anything in article four of this chapter, concerning rents, profits and improvements, shall extend or apply to any suit brought by … Proofed
55-5-9 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Plaintiff May Have Value of Estate Ascertained for Relinquishment When the defendant shall claim allowance for improvements, as before provided, the plaintiff may, by an entry on the record, require that the value of his estat… Proofed
55-5-10 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Estimation of Value of Premises The value of the premises, in such case, shall be estimated as it would have been at the time of the inquiry, if no such improvements had been made on the premi… Proofed
55-5-11 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Method of Election to Relinquish Estate; Title of Defendant The plaintiff in such ease, if judgment is rendered for him, may, at any time during the same term, or before judgment or decree is rendered on the assessment o… Proofed
55-5-12 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements How Payment to be Made or Enforced The payments shall be made to the plaintiff, or into court for his use, and the land shall be bound therefor, and if the defendant fail to make such payments wi… Proofed
55-5-13 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Disposition of Value When Party Under Disability If the party by or for whom the land is claimed in the suit be a minor or insane, such value shall be deemed to be real estate, and be disposed of as the court … Proofed
55-5-14 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Allowance for Improvements Eviction of Defendant; Recovery of Amount Paid If the defendant, or his heirs or assigns, shall, after the premises are so relinquished to him, be evicted thereof by force of any better title than that of th… Proofed
55-6-1 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Detinue Affidavit and Bond Filed by Plaintiff to Obtain Possession of Property If the plaintiff in an action of detinue shall desire to have immediate possession of the property for the recovery of which such action is brought, he may, at … Proofed
55-6-2 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Detinue Order for Seizure of Property If such affidavit and bond be filed at the commencement of the action, the clerk or justice shall indorse on the summons an order to the officer to whom the sam… Proofed
55-6-3 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Detinue Seizure of Property by Officer It shall be the duty of the officer to whom any such summons or order is delivered to proceed forthwith to execute the same; and he may, if necessary, break ope… Proofed
55-6-4 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Detinue Bond Given by Defendant to Regain Possession of Property; Delivery of Property to Plaintiff The defendant in any such action may have the property taken possession of by such officer, by virtue of such summons or order, returned to him at any time with… Proofed
55-6-5 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Detinue Exceptions to Sufficiency of Sureties Either party may, upon reasonable notice to the other, except to the sufficiency of the sureties in the bond of such other party and the court, or the judge the… Proofed
55-6-6 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Detinue Verdict and Judgment Upon the final trial of any such action, if the verdict be for the plaintiff, and he be not already in the possession of the property claimed, the judgment shal… Proofed
55-6-7 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Detinue Execution The execution issued in such cases shall conform in all things to the judgment entered therein. Proofed
55-7-1 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Actions for Injuries Seduction An action for seduction may be maintained, without any allegation or proof of the loss of the service of the female by reason of the defendant’s wrongful act. Proofed
55-7-2 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Actions for Injuries Insulting Words All words which, from their usual construction and common acceptation, are construed as insults and tend to violence and breach of the peace, shall be actionabl… Proofed
55-7-3 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Actions for Injuries Unlawful Seizure or Attachment If property be seized for any rent not due, or attached for any rent not accruing, or taken under any attachment sued out without good cause, the owner of such … Proofed
55-7-4 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Actions for Injuries Action of Replevin Abolished No action of replevin shall be hereafter brought. Proofed
55-7-5 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Actions for Injuries Action for Wrongful Death Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is such as would (if death had not ensued) … Proofed
55-7-6 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Actions for Injuries Party Plaintiff in Such Action; Damages; Distribution; Limitation Every such action shall be brought by and in the name of the personal representative of such deceased person; and the amount recovered in every such action shal… Proofed
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