West Virginia Code § 28-5-36

Suits by or against convict or committee
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Such committee may sue and be sued in respect to debts due to or from such convict, and
respecting all other causes of action for which the convict might sue or be sued had no such
incarceration taken place, and shall have the privilege of an administrator as to the right of
retaining his own debt. No action or suit shall be instituted by or against such convict after
he is incarcerated, and all actions or suits to which he is a party at the time eof his
incarceration shall abate, and continue so until revived by or against the committee, whose
duty it shall be to prosecute or defend, as the case may be. Any judgmernt recovered against
such committee shall be a lien upon the lands of the convict to the same extent as if
recovered against the convict before the conviction. But the plaintiff in any action, suit or
proceeding against the committee of a convict shall not be examined as a witness in his own
behalf in such action, suit or proceeding in respect to any tratnsaction or communication had
personally with the convict, unless such committee shall be examined as a witness in his own
behalf in respect to such transaction or communication, or such convict personally testifies,
or his testimony in respect to such transaction or communication is given in evidence.

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