State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-473

§1‑473.  Affidavit and requisites.

Where a delivery is claimed,an affidavit must be made before the clerk of the court in which the action isrequired to be tried or before some person competent to administer oaths, bythe plaintiff, or someone in his behalf, showing –

(1)        That the plaintiffis the owner of the property claimed (particularly describing it), or islawfully entitled to its  possession by virtue of a special property therein,the facts in respect to which must be set forth.

(2)        That the property iswrongfully detained by the defendant.

(3)        The alleged cause ofthe detention, according to his best knowledge, information and belief.

(4)        That the propertyhas not been taken for tax, assessment or fine, pursuant to a statute; orseized 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 ofthe property. (C.C.P., s. 177; 1881, c. 134; Code, s. 322; Rev., s.791; C.S., s. 831.)