WVC 38 - 4 - 19
§38-4-19. Proceeding in case of death of officer before sale.
If an officer, taking property under execution, dies before
the sale thereof, and there be no deputies of such officer acting
in the case, a writ of venditioni exponas may, upon a suggestion
of the fact, be directed to such sheriff or other officer of the
county wherein the property was taken as may be in office at the
time the writ issues. Whereupon the officer to whom the writ is
directed shall take possession of the property previously levied
upon, whether the same be in the possession of the representative
of the deceased officer or the execution debtor, and proceed to
advertise and sell it and account for the proceeds thereof in
like manner as if the levy had been made by himself.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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