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 3,601–3,650 of 6,321 sections
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37-2-2 Ch. 37 — REAL PROPERTY Escheats Escheat of Equitable Interests An estate vested in a person merely by way of mortgage or trust shall not escheat by reason of the mortgagee or trustee dying without heirs but any equitable ti… Proofed
37-2-3 Ch. 37 — REAL PROPERTY Escheats Tenants of Escheated Land If any person holds any escheated land or personal property for a term of years, or for life, or has a right to any rent or other profit, or has any other inter… Proofed
37-2-4 Ch. 37 — REAL PROPERTY Escheats Escheator The assessor of each county shall by virtue of his office be the escheator of such county. Proofed
37-2-5 Ch. 37 — REAL PROPERTY Escheats List of Land by Escheator Each escheator shall annually, in September, prepare a list of all lands within his county, of which any person shall have died owning an estate of inheritance,… Proofed
37-3-1 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Forfeiture of Lands for Nonentry; Tracts of One Thousand Acres It shall be the duty of every owner of land to have it entered on the land books of the county in which it or a part of it is situated, and to cause himself to … Proofed
37-3-2 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Forfeiture of Tracts of Less Than One Thousand Acres When for any five successive years since the ninth day of April, eighteen hundred and seventy-three, the owner of any tract or lot of land, less in quantity tha… Proofed
37-3-3 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Lands Subject to Sale All lands in this State, waste and unappropriated, or heretofore or hereafter for any cause forfeited, or treated as forfeited, or escheated to the State of Vir… Proofed
37-3-4 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Commissioner of School Lands The circuit court of every county shall, at its second regular term in the year nineteen hundred and thirty-three, and in every fourth year thereafter, appoint … Proofed
37-3-5 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Record of Forfeited Lands A record of all real estate forfeited for any cause to the State of West Virginia under the Constitution and laws thereof, or purchased for the State at a sale … Proofed
37-3-6 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Report of County Surveyor It shall be the duty of the surveyor of each county in this State, as soon as the same shall come to his knowledge, to report to the commissioner of school land… Proofed
37-3-7 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Report of Escheator It shall be the duty of the escheator of each county in this State to furnish to the commissioner of school lands, a copy of the list which he is required by th… Proofed
37-3-8 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Report by Commissioner to Circuit Court The commissioner of school lands of each county shall tender and file a written report to the circuit court of his county from time to time and, at least once i… Proofed
37-3-9 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Transmission of Report to Clerk of County Court When the report mentioned in the preceding section is filed, the clerk of the circuit court shall transmit to the clerk of the county court of such county an at… Proofed
37-3-10 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Suit for Sale of Lands Every such report shall be recorded in the chancery order book of such court and filed and preserved by the clerk of such court in his office, and thereupon a s… Proofed
37-3-11 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Sale of Land Formerly Sold Any tract of land which has heretofore been forfeited, or treated as forfeited, waste and unappropriated, or escheated to the State of Virginia or this State, a… Proofed
37-3-12 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Proof in Proceedings Against Land Formerly Sold In any suit for the sale of lands brought under the provisions of this article, or pending under the provisions of chapter one hundred and five of the Code prio… Proofed
37-3-13 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Effect of Possession and Payment of Taxes Whenever it shall appear to the court, by motion or otherwise, in any such suit now pending, or that may be hereafter brought, that any parcel or tract of land,… Proofed
37-3-14 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Dismissal Upon Report of Commissioner of School Lands If at any time during the pendency of any suit for the sale of school lands, whether now pending or hereafter brought, the commissioner of school lands of the c… Proofed
37-3-15 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Defendants Claiming Under Separate Titles Where two or more defendants contend for, ask to redeem or assert and claim title to, the same land, or any part thereof, under separate, distinct and hostile t… Proofed
37-3-16 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Deposit of Costs by Nonresident Party Before any nonresident defendant or petitioner, as is mentioned in this article, shall be permitted to file his answer or petition, as provided herein, he shall… Proofed
37-3-17 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Mandatory Provisions The provisions of this article as to the filing of any amendments to the plaintiff’s bill, the defendant’s answers, petitions and amendments thereto, the dismis… Proofed
37-3-18 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Procedure All suits brought and prosecuted under the provisions of this article shall be commenced as provided in article three, chapter fifty-six of this Code and procee… Proofed
37-3-19 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Reference to Commissioner in Chancery; Notice, Report and Hearing If the court shall be of the opinion that any party to such suit has a clear right of redemption in any land involved in such suit, a decree of reference need n… Proofed
37-3-20 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Execution of Reference The commissioner shall proceed with all reasonable diligence in the discharge of his duties under such decree, and he may make and file his report as to any one… Proofed
37-3-21 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Hearing on Report If there be no exception to such report, or if there be exceptions thereto which are overruled, the court shall confirm the same, and decree a sale of the lands… Proofed
37-3-22 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Sales by Commissioner Every such sale shall, unless the court otherwise order, be made by the commissioner of school lands, upon terms, conditions and notice, provided for in the dec… Proofed
37-3-23 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Form of Judgment on Notes The judgment entered by the clerk under the provisions of the preceding section shall be in the following form or to the following effect: Whereas on the.... … Proofed
37-3-24 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Compensation of Commissioner and Attorneys Every commissioner of school lands shall, unless the court otherwise order, collect the proceeds of all sales of school lands made as aforesaid, and for his ser… Proofed
37-3-25 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Costs; Proceeds of Sales; Commissioner May Not Purchase The cost of every such suit shall be ascertained and taxed by the clerk as in other chancery cases, and shall be paid out of the proceeds of the sales of such r… Proofed
37-3-26 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Report of Commissioner The commissioner of school lands of each county shall report to the circuit court of his county an itemized account of his receipts and disbursements, if any, f… Proofed
37-3-27 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Deed to Purchaser When the whole of the purchase money of any tract or lot of land, or any part or parcel of a tract or lot, purchased by any person at any such sale, with the in… Proofed
37-3-28 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Surplus Proceeds The former owner of any such land, his heirs, personal representatives or assigns, or any creditor having a lien on such land at the time of such forfeiture or … Proofed
37-3-29 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Redemption The former owner, his heirs, devisees or assigns, of any real estate forfeited for any cause to the State of West Virginia, may at any time during the pendency … Proofed
37-3-30 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Venue; Suits by State in Own Name; Process and Other Writs All suits brought under the provisions of this article shall be in the county wherein the land sought to be sold or some part thereof is situated. Subject to th… Proofed
37-3-31 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Jurisdiction of Court; Issues Out of Chancery In every such suit brought under the provisions of this article, the court shall have full jurisdiction, power and authority to hear, try and determine all ques… Proofed
37-3-32 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Bar of Final Decree Every final decree entered in any such suit shall be a bar to the claim of every person to the real estate, or any part of it or any lien thereon, or to the pro… Proofed
37-3-33 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Appeals and Writs of Error Appeals from, and writs of error or supersedeas to, the decrees, judgments and orders of the circuit court, rendered or made under the provisions of this articl… Proofed
37-3-34 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Pending Suits; Former Sales and Conveyances All suits and proceedings for the sale of forfeited, waste and unappropriated and escheated lands, instituted since the twelfth day of March, eighteen hundred a… Proofed
37-3-35 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Recovery of Debts Against Escheated Lands; Limitation If any debt of a person whose lands escheated to the State at his death remain unpaid after all the personal estate of such person has been applied to the payme… Proofed
37-3-36 Ch. 37 — REAL PROPERTY Sale of Land for Benefit of School Fund Defense by Commissioner of School Lands The commissioner of school lands shall answer and defend, on the part of the State, any claim or suit against him, under the preceding section, and shall be all… Proofed
37-4-1 Ch. 37 — REAL PROPERTY Partition Who Entitled to Partition; Jurisdiction Tenants in common, joint tenants and coparceners, shall be compellable to make partition, and the circuit court of the county wherein the estate, or any part th… Proofed
37-4-2 Ch. 37 — REAL PROPERTY Partition Location of Shares Any two or more of the parties, if they so elect, may have their shares laid off together, when partition can be conveniently made in that way. Proofed
37-4-3 Ch. 37 — REAL PROPERTY Partition Allotment or Sale When partition cannot be conveniently made, the entire subject may be allotted to any party who will accept it, and pay therefor to the other parties such sums … Proofed
37-4-4 Ch. 37 — REAL PROPERTY Partition Determination of Liens When there are liens by judgment or otherwise, on the interest of any party to a partition suit, the court may, on the petition of any person holding a lien, as… Proofed
37-4-5 Ch. 37 — REAL PROPERTY Partition Sale of Land Free of Dower The provisions of section five, article one, chapter forty–three of this Code shall be applicable to any sale made under the provisions of this article. Proofed
37-4-6 Ch. 37 — REAL PROPERTY Partition Unknown Owners If the name or share of any person interested in the subject of the partition be unknown, so much as is known in relation thereto shall be stated in the bill. Proofed
37-4-7 Ch. 37 — REAL PROPERTY Partition Lessees Any person who, before the partition or sale, was lessee of any of the lands divided or sold, shall hold the same of him to whom such land is allotted or sold, … Proofed
37-4-8 Ch. 37 — REAL PROPERTY Partition Record; Effect The provisions of section seven, article four, chapter fifty-one of this Code shall be applicable to any partition made under this article. Proofed
37-5-1 Ch. 37 — REAL PROPERTY Adjoining Owners Excavations Near Boundaries No owner or tenant of any land containing coal shall open or sink, or dig, excavate or work in, any coal mine or shaft on such land, within five feet of the lin… Proofed
37-5-2 Ch. 37 — REAL PROPERTY Adjoining Owners Survey of Mine The owner, tenant, occupant of any land on which a coal mine is opened and worked, or his agent, shall permit any person interested in, or having title to, any … Proofed
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