No person shall bring such action unless he has, at the time of commencing it, a subsisting interest in the premises claimed, and a right to recover the same, or to recover the possession thereof, or some share, interest, or portion thereof.
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