§55-9-2. Recovery of money or property lost in gaming.
If any person shall lose to another within twenty-four hours
ten dollars or more, or property of that value, and shall pay or
deliver the same, or any part thereof, such loser may recover back
from the winner the money or property, or in lieu of the property
the value thereof, so lost, by suit in court, or before a justice,
according to the amount or value, brought within three months after
such payment or delivery. The loser may so recover from the
winner, notwithstanding the payment or delivery was to the winner's
indorsee, assignee, or transferee. But nothing in this section
shall be so construed as to permit a recovery of such property, or
its value, from any person (or those claiming under him) other than
the winner, when such person has paid value for such property
without notice of illegal consideration under which the winner
derived his claim of title.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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