If the jury be of opinion for the plaintiffs, or any of them, the verdict shall be for the plaintiffs or such of them as appear to have the right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof, or exercised acts of ownership thereon, or claimed title thereto or any interest therein, at the commencement of the action. Where any plaintiff appears to have no such right, the verdict as to such plaintiff shall be for the defendants. If the action be against several defendants, and a joint possession of all be proved, and the plaintiff be entitled to a verdict, it shall be against all, whether they plead separately or jointly.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
§55-4-1. When Ejectment a Proper Remedy
§55-4-3. Interest of Plaintiff
§55-4-7. Joinder of Parties Plaintiff
§55-4-8. Service of Declaration and Notice; Order of Publication
§55-4-9. Rule to Plead; Default Judgment
§55-4-10. Plea or Demurrer; Issue on Plea; Evidence Admissible
§55-4-11. Equitable Title of Vendee as Defense
§55-4-12. Payment or Performance by Mortgagor as Defense
§55-4-13. Notice of Equitable Defense; Resort to Equity Not Barred
§55-4-14. Consent Rules Not to Be Used; What Plaintiff Must Prove Generally
§55-4-15. What Plaintiff Must Prove Against Cotenant
§55-4-16. Extent of Possession Under Patent, Deed or Other Writing
§55-4-17. Verdict as to Parties
§55-4-18. Verdict as to Premises
§55-4-19. Judgment; Assignment of Dower
§55-4-20. Change in Plaintiff's Right Pending Action; Additional Party Plaintiff
§55-4-21. Mesne Profits and Damages
§55-4-22. How Damages Assessed
§55-4-23. Claim for Improvements
§55-4-24. Balance as Between Damages and Improvements
§55-4-25. Postponing Assessment of Damages and Allowance for Improvements
§55-4-27. Effect of Judgment as to Persons Under Disability
§55-4-28. Right to Recover Mesne Profits and Damages Against Person Other Than Defendant
§55-4-29. Default or Surrender by Tenant for Life
§55-4-30. Right of Entry Not Tolled by Descent Cast
§55-4-31. Petition for Ascertainment and Designation of Boundary Line or Lines of Real Estate