Where distress shall be made for rent justly due, and any irregularity or unlawful act shall afterwards be done by the party distraining, or his agent, the distress itself shall not be deemed to be unlawful, nor the party making it be therefore deemed a trespasser ab initio; but the aggrieved by such irregularity or unlawful act may, by action, recover full satisfaction for the special damage he shall have sustained thereby.
Structure West Virginia Code
Article 6. Landlord and Tenant
§37-6-1. Rights of Parties on Transfer of Land or Reversion
§37-6-2. Rights of Lessee Against Transferee of Reversion
§37-6-3. Effect of Transfer of Rent, Reversion or Remainder
§37-6-4. Attornment to Stranger Void
§37-6-5. Notice to Terminate Tenancy
§37-6-7. Reletting by Landlord
§37-6-8. Tenant's Right to Recover Possession
§37-6-9. Recovery of Rent by Distress or Action; Evidence; Interest
§37-6-10. Who May Recover Rent
§37-6-11. Persons Liable for Rent; Termination of Lease Upon Death
§37-6-12. Distress for Rent; Time and Place; Warrant
§37-6-13. Property Subject to Distress
§37-6-14. Forcible Entry by Officer
§37-6-15. Unlawful Act After Making Distress; Damages
§37-6-16. Distress or Attachment When Rent Not Payable in Money
§37-6-18. Removal of Goods by Third Party Having Lien
§37-6-19. Right of Reentry; Ejectment; Unlawful Detainer; Judgment by Default
§37-6-20. Relief Against Forfeiture
§37-6-21. Rights of Mortgagee or Trustee
§37-6-22. Injunction Against Ejectment or Unlawful Detainer
§37-6-23. Effect of Payment of Rent or Relief in Equity
§37-6-24. Record of Reentry; Publication of Certificate
§37-6-26. Payment of Rent and Reinstatement After Reentry
§37-6-27. Defects in Entry Proceedings
§37-6-28. Destruction of Buildings; Abatement of Rent
§37-6-29. Land Taken by Eminent Domain; Termination or Reduction of Rent
§37-6-30. Landlord to Deliver Premises; Duty to Maintain Premises in Fit and Habitable Condition