WVC 38 - 4 - 3
§38-4-3. Execution for benefit of person other than plaintiff.
Where an execution issues on a judgment for the benefit, in
whole or in part, of any person other than the plaintiff, if that
fact appear by the record, the clerk shall, in the execution or
an indorsement thereon, state the extent of the interest therein
of such persons, and such person may, as a party injured, either
in his own name or that of the plaintiff, prosecute a suit or
motion against the officer.