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 3,701–3,750 of 6,321 sections
Code Chapter Article Section Heading Section Text Preview Status
37-11-5 Ch. 37 — REAL PROPERTY Curative Provisions Respecting Deeds and Other Writings and the Recordation Thereof Presumption of Jurisdiction in Cases of Judicial Sales When any land or any interest in land in this State has heretofore been sold, partitioned or disposed of prior to the formation of this State, under the order, … Proofed
37-11-6 Ch. 37 — REAL PROPERTY Curative Provisions Respecting Deeds and Other Writings and the Recordation Thereof Presumption of Authority of Commissioners and Certain Other Officers, in Certain Cases When any deed has heretofore been made prior to the formation of this State for land or any interest in land therein, which purports on its face to be made unde… Proofed
37-12-1 Ch. 37 — REAL PROPERTY Surveyors Survey by Magnetic Meridian; Variations; Measurement When any surveyor is required to survey lands which have been surveyed before, he shall make such survey by the magnetic meridian, but shall also return and cer… Proofed
37-12-2 Ch. 37 — REAL PROPERTY Surveyors Execution of Orders of Survey Every surveyor shall promptly and faithfully execute any order of survey made by any court, of lands lying in his county, and make due return of a true plat and… Proofed
38-1-1 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Vendor’s Lien; Its Enforcement If any person convey real estate, or any interest, legal or equitable, therein, and the purchase money or any part thereof remain unpaid at the time of the conv… Proofed
38-1-2 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Form of Trust Deed A trust deed to secure debts or indemnify sureties may be in the following form or to the same effect: “This deed made the........ day of....................., … Proofed
38-1-3 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Sales Under Trust Deeds The trustee in any trust deed given as security shall, whenever required by any creditor secured or any surety indemnified by the deed, or the assignee or perso… Proofed
38-1-4 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Notice of Sale When any property is about to be sold under a trust deed, the trustee shall, unless it be otherwise provided in such trust deed, or in the opinion of the truste… Proofed
38-1-5 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Terms of Sale Such sale shall be made upon such terms as are mentioned in such deed; and if no terms are therein mentioned, then upon the following terms, to-wit: If the prop… Proofed
38-1-6 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Form of Trustee’s Deed Every deed for real estate sold under a trust deed may be made in the following form, or to the same effect: This deed, made the..........day of............, be… Proofed
38-1-7 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Application of Proceeds The trustee shall apply the proceeds of sale, first to the payment of expenses attending the execution of the trust, including a commission to the trustee of fi… Proofed
38-1-8 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Trustee After Sale to Return an Account of Sales When a sale of property is made under any trust deed otherwise than under a decree, there shall, within two months after the sale, be returned by the trustee, t… Proofed
38-1-9 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Recordation of Account of Trustee When any account required by the next preceding section is returned, the clerk of the county court shall record the same in a well-bound book to be kept for tha… Proofed
38-1-10 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Who May Require Bond; New Trustee; Notice The grantor or his assignee, or any cestui que trust, may at any time after the execution of the trust deed, by notice in writing, require any trustee to give t… Proofed
38-1-11 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Bond of Trustee; Recordation If the grantor in the trust deed, or any person to whom such grantor shall have granted or assigned the property covered by such deed, or any cestui que trust o… Proofed
38-1-12 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Bond of Trustee Appointed by Court; Recordation Of a trustee appointed by the court under the provisions of section ten of this article bond shall be required in the penalty of at least the full value of the … Proofed
38-1-13 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Death or Disability of Trustee in Trust Deed In cases not specifically provided for in his article, the provisions of article fourteen, chapter forty-four of this Code shall be appliable to trustees mentio… Proofed
38-1-14 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Qualification of Trustee of Insolvent; New Trustee A person appointed by an insolvent debtor as trustee in any assignment, conveyance, transfer, or other act of such insolvent debtor, which is intended to operat… Proofed
38-1-15 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Oath and Bond of Trustee of Insolvent The oath of such trustee of an insolvent debtor shall be that he will faithfully perform the duties of the office of trustee to the best of his skill and judgme… Proofed
38-1-16 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Appraisers Upon the qualification of such trustee of an insolvent debtor, there shall be appraisers appointed to appraise the estate of the insolvent debtor in the same ma… Proofed
38-1-17 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Powers of Clerk in Vacation In the vacation of the county court, the clerk thereof shall perform the duties in the appointment of the appraisers, mentioned in the preceding section, that s… Proofed
38-1-18 Ch. 38 — LIENS Vendor’s and Trust Deed Liens Settlement Before Commissioner of Accounts Every such trustee of an insolvent debtor shall appear before a commissioner of accounts of the county court before whose clerk he qualified as such trustee, an… Proofed
38-2-1 Ch. 38 — LIENS Mechanics’ Liens Lien of Contractor Every person, firm or corporation, which shall erect, build, construct, alter, remove or repair any building or other structure, or other impovement appurtenant… Proofed
38-2-2 Ch. 38 — LIENS Mechanics’ Liens Lien of Subcontractor Every person, firm or corporation who, under and by virtue of of a contract with such general contractor as is mentioned in section one of this article or with … Proofed
38-2-3 Ch. 38 — LIENS Mechanics’ Liens Lien of Materialman Furnishing Supplies to Owner Every person, firm or corporation which shall furnish to any owner, for use in the erection, construction, alteration, repair or removal of any building or othe… Proofed
38-2-4 Ch. 38 — LIENS Mechanics’ Liens Lien of Materialman Furnishing Supplies to Contractor Every person, firm or corporation, which shall furnish to any general contractor or to any subcontractor mentioned in sections one and two of this article, any … Proofed
38-2-5 Ch. 38 — LIENS Mechanics’ Liens Lien of Mechanic or Laborer Working for Owner Every workman, artisan, mechanic, laborer or other person, who shall perform any work or labor in the erection, construction, repair or removal of any building … Proofed
38-2-6 Ch. 38 — LIENS Mechanics’ Liens Lien of Mechanic or Laborer Working for Contractor Every workman, artisan, mechanic, laborer or other person, who shall perform any work or labor under the employment of any general contractor or of any subcontr… Proofed
38-2-7 Ch. 38 — LIENS Mechanics’ Liens Necessity for Perfecting Lien But the lien created and authorized by section one of this article shall be discharged from and after ninety days from the completion of such contract, and the … Proofed
38-2-8 Ch. 38 — LIENS Mechanics’ Liens Notice and Recordation of Contractor’ Lien For the purpose of perfecting and preserving his lien, any such general contractor as is mentioned in section one of this article shall, within ninety days afte… Proofed
38-2-9 Ch. 38 — LIENS Mechanics’ Liens Notice and Recordation of Subcontractor’s Lien For the purpose of perfecting and preserving his lien, every such subcontractor mentioned in section two of this article shall, within sixty days after the comp… Proofed
38-2-10 Ch. 38 — LIENS Mechanics’ Liens Notice and Recordation of Lien for Supplies Furnished to Owner For the purpose of perfecting and preserving his lien, every materialman or furnisher of machinery or other necessary equipment, under a contract with the owner… Proofed
38-2-11 Ch. 38 — LIENS Mechanics’ Liens Notice and Recordation of Lien for Supplies Furnished to Contractor For the purpose of perfecting and preserving his lien, every materialman or furnisher of machinery or other necessary equipment, who shall have furnished materi… Proofed
38-2-12 Ch. 38 — LIENS Mechanics’ Liens Notice and Recordation of Lien of Mechanic or Laborer Working for Owner For the purpose of perfecting and preserving his lien every such workman, artisan, mechanic, laborer or other person as is mentioned in section five of this art… Proofed
38-2-13 Ch. 38 — LIENS Mechanics’ Liens Notice and Recordation of Lien of Mechanic or Laborer Working for Contractor For the purpose of perfecting and preserving his lien, every workman, artisan, mechanic, laborer or other person who shall have performed any work or labor upon… Proofed
38-2-14 Ch. 38 — LIENS Mechanics’ Liens Discharge of Lien The failure of any person claiming a lien under this article to give such notice as is required by sections nine, eleven and thirteen of this article, or to rec… Proofed
38-2-15 Ch. 38 — LIENS Mechanics’ Liens Publication of Notice to Nonresident Owner or Owner Not Found In the event that any owner, upon whose real estate or improvement thereof it is desired to take a lien under this article, should be a nonresident of this Stat… Proofed
38-2-16 Ch. 38 — LIENS Mechanics’ Liens Scope of Contract For the purposes of this article, all materials furnished and all work done by any one person, firm or corporation, upon any one building or the improvements ap… Proofed
38-2-17 Ch. 38 — LIENS Mechanics’ Liens Priority of Liens All of the liens authorized and created by this article shall, except as provided in section thirty-one of this article, have priority over any and all other li… Proofed
38-2-18 Ch. 38 — LIENS Mechanics’ Liens Priority as Among Mechanics’ Lienors Of the persons acquiring liens by virtue of this article, laborers, artisans, mechanics, workmen and furnishers of material, machinery and other necessary equip… Proofed
38-2-19 Ch. 38 — LIENS Mechanics’ Liens Demand of Account by Owner; Discharge of Lien The owner may, at any time, by notice in writing, require such subcontractor, laborer, mechanic, workman or other person doing, or causing to be done, work or l… Proofed
38-2-20 Ch. 38 — LIENS Mechanics’ Liens Preliminary Notice to Owner; Effect Any laborer or other person employed to do any work or furnish any materials or machinery for the erection, construction, alteration, repair or removal of any b… Proofed
38-2-21 Ch. 38 — LIENS Mechanics’ Liens Effect of Payment by Owner to Contractor No payment by the owner to any contractor or subcontractor of any part or all of the contract price for the erection and construction of any such building, stru… Proofed
38-2-22 Ch. 38 — LIENS Mechanics’ Liens Limitation of Owner’s Liability by Recordation of Contract and Bond of Contractor Any owner may limit his liability upon a contract such as is mentioned in section one of this article, to the sum agreed therein to be paid therefor, by recordi… Proofed
38-2-23 Ch. 38 — LIENS Mechanics’ Liens Effect of Failure of Owner to Record Contract and Solvent Bond In the event any such owner should fail to record such contract and bond, or in the event the penalty of such bond should not be equal to the contract price, or… Proofed
38-2-24 Ch. 38 — LIENS Mechanics’ Liens Form of Bond The bond referred to in section twenty-two of this article shall be sufficient if in form and effect as follows: {{FIGURE type=form page=988 id=38-2-24~fig1 no… Proofed
38-2-25 Ch. 38 — LIENS Mechanics’ Liens Amount of Rural Land Subject to Lien Whenever a lien, perfected and preserved under this article is sought to be enforced against any property outside of any city, town or village, it shall be the … Proofed
38-2-26 Ch. 38 — LIENS Mechanics’ Liens Enforcement of Contractor’s Bond Whenever it shall be necessary for suit to be brought as hereinafter provided, for the enforcement of any of the liens contemplated by this article, such contra… Proofed
38-2-27 Ch. 38 — LIENS Mechanics’ Liens Mechanic’s Lien Record It shall be the duty of the clerk of the county court of the county to enter every notice of lien mentioned in this article upon the filing in his office of suc… Proofed
38-2-28 Ch. 38 — LIENS Mechanics’ Liens Proof of Use of Material Proof of the sale to any owner, contractor or subcontractor of any materials, machinery or other equipment for use in the performance of any contract mentioned … Proofed
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