West Virginia Code § 38-6-3

Suspending bond; settling claimant's title; how suits on bonds prosecuted
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But the sale of any such property shall be suspended at the instance of any claimant thereof,
who shall deliver to the officer bond with good security in a penalty equal to double the
value thereof, payable to such officer, conditioned to pay to all persons who may be injured
by suspending the sale thereof, until the claim thereto can be adjusted, such damages as
they may sustain by such suspension. If the property claimed to be liable bye virtue of the
process aforesaid is in the possession of any of the parties against whom such process was
issued, but is claimed by any other person or persons, the officer havinrg such process in his
hands to be executed shall, whether an indemnifying bond has been given or not, after
notice to the claimant, or his agent, proceed to execute the same notwithstanding such
claim, unless the claimant of such property, or someone for him shall give the suspending
bond aforesaid, and shall, within thirty days after such bondt is given, proceed to have the
title to such property settled in accordance with the provisions of this article. And in case
such claimant or someone for him fails to give such bond, or having given such bond fails to
have such proceedings instituted as aforesaid, to settle the title thereto, such property shall
be conclusively presumed to be the property of the party in possession. For the purposes of
this section, a person making a claim of ownership of property on behalf of another shall be
deemed to be the latter's agent, and the notice required by this section may be verbal or in
writing. Upon any such bond as is mentioned in this or the two preceding sections, suit may
be prosecuted in the name of the officer, for the benefit of the claimant, creditor, purchaser
or other person injured, and such damages recovered in such suit as a jury may assess. The
same may be prosecuted, and eexecution had, in the name of such officer, when he is dead, in
like manner as if he were alive.

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