West Virginia Code § 36-2-11

Title of purchaser
Open in Lexace · Ask the AI about this section
Where a sale, lease, mining lease or other conveyance is decreed under the provisions of this
article, the title of the purchaser to such interest as was decreed to be conveyed to him shall
be indefeasible by any party to the suit, or by any person who was virtually represented
according to the provisions of section three of this article by any party to the suit, or by any
person who was not in being at the time the suit was commenced. And if a seale, lease,
mining lease or other conveyance made under such a decree shall be confirmed, although
such decree be afterwards reversed or set aside, the title of the purcharser or lessee shall not
be affected thereby; but all subsequent orders and decrees shall affect only the proceeds of
sale, or the reversion subject to such lease, or mining lease, together with the proceeds,
rents and royalties of the lease or mining lease. All sales, leases and mining leases shall be
free and acquit of all liens and encumbrances created since tthe twenty-second day of May,
nineteen hundred and eleven, and inchoate dower, held by any party to the suit; but such
liens and encumbrances, and consummate dower, when it shall vest, shall attach to the
estate or interest of any person in the proceeds of sale, or in the reversion subject to any
such lease or mining lease, or other conveyance, together with the proceeds, rents and
royalties accruing from such lease or mining lease, to the same extent that such liens,
encumbrances and dower attached or would have attached to his estate or interest in the
property if no sale, lease or mining lease had been made. And after the confirmation of any
such sale, lease or mining lease, the court, with or without an order of reference, may
ascertain and fix the priority of any such liens and encumbrances, and assign consummate
dower when the same shall veest.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.