After the commencement of any such suit as aforesaid, if any creditor of the deceased commence another suit, action or proceeding, upon a claim against him or his estate, no costs shall be recovered in such last-mentioned suit, action, or proceeding; and the court, or judge thereof in vacation, may enjoin the plaintiff therein from the prosecution of any such suit, action or proceeding, and require him to assert his claim or lien in the suit provided for by this article, or make any other order or decree that may seem right and proper to protect the interests of all parties having claims or liens.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 8. Real Estate of Decedents
§44-8-2. Rents, Profits or Proceeds of Sale to Be Paid to Persons Entitled
§44-8-3. Real Estate to Be Assets for Payment of Debts
§44-8-4. By What Court Assets Administered
§44-8-5. Liability of Heir or Devisee for Real Estate Conveyed; When Such Real Estate Not Liable
§44-8-7. Suit to Subject Real Estate to Payment of Debts; Parties; Evidence
§44-8-8. Reference to Special Commissioner and Publication of Notice to Creditors in Such Suit
§44-8-9. Decree of Distribution; Claims Barred When
§44-8-10. No Costs Recoverable In, and Injunction Against, Second Suit