WVC 38 - 3 - 10
§38-3-10. Same -- Parties.
In every suit in equity to enforce a judgment, all persons
having liens on the real estate sought to be subjected, by
judgment or otherwise, shall be made parties plaintiff or
defendant, or if the number of such persons exceed ten, the suit
may be brought by any one or more of them, for the benefit of
himself and such other lienholders as will come in and contribute
to the expenses of the suit. And whether the suit be so brought
or not, every such lienholder, whether he be named as a party to
the suit or not, or whether he be served with process therein or
not, may present, prove and have allowed any claim he may have
against the judgment debtor, which is a lien on such real estate,
or any part thereof, and from and after the time he presents any
such claim he shall be deemed a party plaintiff in such suit.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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