There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION
ARTICLE 4. EJECTMENT.
§55-4-13 Notice of equitable defense; resort to equity not barred.
§55-4-13. Notice of equitable defense; resort to equity not
barred.A defendant shall not be allowed to avail himself of either of the two preceding sections, unless notice in writing of such defense shall be filed with his plea. Whether he shall or shall not make or attempt such defense, he shall not be precluded from resorting to equity for any relief to which he would have been entitled, if the said sections had not been enacted.
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