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WEST VIRGINIA CODE

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WVC 37 - 6 - 15 §37-6-15. Unlawful act after making distress; damages.
Where distress shall be made for rent justly due, and any irregularity or unlawful act shall afterwards be done by the party distraining, or his agent, the distress itself shall not be deemed to be unlawful, nor the party making it be therefore deemed a trespasser ab initio; but the aggrieved by such irregularity or unlawful act may, by action, recover full satisfaction for the special damage he shall have sustained thereby.

Note: WV Code updated with legislation passed through the 2012 1st Special Session