Affidavit of plaintiff

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  • When a delivery is claimed an affidavit shall be made by the plaintiff, or by some one in his behalf, showing:
    • (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; and

    • (5) The actual value of the property.


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