WVC 38 - 4 - 10
§38-4-10. Docketing as constructive notice.
The docketing of an execution as provided in the following
section of this article shall constitute constructive notice to
all persons, of such execution: Provided, however,
That if the
property upon which such execution is a lien be a negotiable
instrument, a holder in due course of such instrument shall hold
it free from the lien of such execution, whether such execution
be docketed or not, and if the property be a debt or liability of
a third person to the judgment debtor, whether such debt or
liability be negotiable or not, any payment made by such third
person to such judgment debtor shall discharge such third person
from all further liability, to the extent of such payment,
whether such execution be docketed or not, unless such third
person had actual notice of such execution: Provided further,
That any sale of property made by a merchant, dealer, or
manufacturer in the regular course of the business of such
person, shall pass such goods free from the lien of an execution,
whether it be docketed or not.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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