38-272. Affidavit of plaintiff in action to
recover on bond that defendant owns real property; notice to
recorder
After an action has been commenced to recover upon any bond required to be given by
a public officer, the plaintiff may file an affidavit stating either positively or on
information and belief that the bond was executed by the defendant, and that the
defendant has real property, designating the county or counties in which it is
located. The clerk receiving the affidavit shall certify to the recorder of the county
in which the real estate is located the names of the parties to the action, the name of
the court in which the action is pending and the amount claimed in the complaint, with
the date of the commencement of the action.
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