West Virginia Code § 55-3-5

Judgment not a bar to action of ejectment; verdict not conclusive of facts in
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future action; allowance for improvements not precluded.
No such judgment shall bar any action of ejectment between the same parties nor shall any
such verdict be conclusive, in any such future action, of the facts therein found; nor shall
anything herein prevent a defendant from claiming and having allowed, in a proper case,
allowance for improvements as provided in article five of this chapter. e

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