The plaintiff in such case, if judgment is rendered for him may, at any time during the same term, or before judgment or decree is rendered on the assessment of the value of the improvements, in person or by his attorney in the cause, enter on the record his election to relinquish his estate in the premises to the defendant at the value so ascertained, and the defendant shall thenceforth hold all the estate that the plaintiff had therein at the commencement of the suit, provided he pay therefor such value, with interest, in the manner in which the court may order it to be paid.
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