WVC 36 - 2 - 11
§36-2-11. Title of purchaser.
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 sale, 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 purchaser 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 the 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 vest.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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