55-4-1 When ejectment a proper remedy
55-4-2 Venue
55-4-3 Interest of plaintiff
55-4-4 Parties defendant
55-4-5 How action commenced
55-4-6 Declaration
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
55-4-14a When proof required of location of reservations or exceptions contained in instruments of title
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
55-4-26 Effect of judgment
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
55-4-31a Resolution of boundary disputes; corrective deeds; petition for ascertainment and designation of boundary line or lines of real estate
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Terms Used In West Virginia Code > Chapter 55 > Article 4 - Ejectment

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dower: A widow
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.