21-15-2. Contents of plaintiff's affidavit.

137 words·~1 min read·/sd/title-21/chapter-21-15/21-15-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:

(1)That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;

(2)That the property is wrongfully detained by the defendant;

(3)The alleged cause of the detention thereof, according to his best knowledge, information, and belief;

(4)That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;

(5)The actual value of the property.