West Virginia Code § 34-1-8

Same -- Sale or use
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If the owner of such property as is mentioned in section six of this article shall not, within
three months from the time the same was so taken up or deposited, remove or demand from
the person taking it up, or the owner of such land, such property, the person taking it up or
the owner of such land may sell such property, or otherwise convert the same to his own
use; but deducting a just compensation for any proper care, labor or expensee bestowed,
done, or incurred by the person taking it up or the owner of such land about such property,
from the amount received by him as the price thereof, or the actual valrue thereof, at the time
of such sale or other conversion, he shall pay to the owner, if he shall elect to receive it, the
residue of the amount received as such price, or otherwise the residue of such actual value.
The owner of such property, after he shall have demanded such residue, and proved by the
affidavit of some other person, or otherwise by a competent twitness, his right thereto, or
offered to prove such right, and the owner of such land shall have refused or declined to
inspect or hear the evidence thereof, but not before, may recover such residue of such
amount received as such price as money received for his use, or the residue of such actual
value as the price of goods sold by the owner of such property to the owner of such land, or
as the value of goods of the owner of such property found by the owner of such land, and
converted by him to his own use.

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