Any defendant against whom a decree or judgment shall be rendered for land, where no assessment of damages has been made under the preceding article, may, at any time before the execution of the decree or judgment, present a petition to the court rendering such decree or judgment, stating that he or those under whom he claims, while holding the premises under a title believed by him or them to be good, have made permanent improvements thereon, and praying that he may be allowed for the same the fair and reasonable value thereof; and thereupon the court, if satisfied of the probable truth of the allegation, shall suspend the execution of the judgment or decree, and impanel a jury to fix and assess the damages of the plaintiff (if any) and the value of the improvements (if any) so made by the defendant.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 5. Allowance for Improvements
§55-5-1. Method of Asserting Claim
§55-5-2. Valuation of Improvements Made by Defendant Before Notice of Title
§55-5-4. Same -- for What Period Defendant Liable
§55-5-5. Verdict for Balance After Damages Set Off Against Improvements; Entry of Judgment
§55-5-7. Reimbursement of Life Tenant by Remainderman or Reversioner
§55-5-8. Exception as to Mortgagees and Trustees
§55-5-9. Plaintiff May Require His Estate Only to Be Valued -- by Entry on Record
§55-5-10. Same -- How Estimated
§55-5-11. Same -- Relinquishment of Estate to Defendant at Value Ascertained
§55-5-12. Same -- Same -- How Value Paid; Sale of Land for Failure to Make Payments; Deficiency
§55-5-13. Same -- Same -- Disposition of Value When Party Under Disability
§55-5-14. Same -- Same -- Eviction of Defendant; Recovery of Amount Paid