In every suit in equity to enforce a judgment, all persons having liens on the real estate sought to be subjected, by judgment or otherwise, shall be made parties plaintiff or defendant, or if the number of such persons exceed ten, the suit may be brought by any one or more of them, for the benefit of himself and such other lienholders as will come in and contribute to the expenses of the suit. And whether the suit be so brought or not, every such lienholder, whether he be named as a party to the suit or not, or whether he be served with process therein or not, may present, prove and have allowed any claim he may have against the judgment debtor, which is a lien on such real estate, or any part thereof, and from and after the time he presents any such claim he shall be deemed a party plaintiff in such suit.
Structure West Virginia Code
§38-3-1. Effect of Decrees and Orders; Enforcement
§38-3-2. Decree or Order for Payment of Money; Enforcement by Execution
§38-3-3. Meaning of Word "judgment."
§38-3-4. Abstracts of Judgments; Damages or Penalty for Failure of Clerk or Justice to Deliver
§38-3-6. Lien of Judgment on Real Estate
§38-3-8. Notation of Executions on Judgment Lien Docket
§38-3-9. Enforcement of Judgment Lien by Suit
§38-3-11. Same -- Publication of Notice to Lienholders
§38-3-12. Same -- Duties of Commissioner
§38-3-13. Same -- Confirmation of Report; Decree of Rental or Sale and Distribution
§38-3-14. Same -- Judgment Against Debtor Pending Suit
§38-3-15. Same -- Other Proceedings Commenced Pending Suit
§38-3-16. Order of Liability of Real Estate
§38-3-17. Judgment Liens Commencing on Same Day