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 is required to be tried or before some person competent to administer oaths, by the plaintiff, or someone in his behalf, showing -
(1) That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully 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 is wrongfully detained by the defendant.
(3) The alleged cause of the detention, according to his best knowledge, information and belief.
(4) That the property has not been taken for 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. (C.C.P., s. 177; 1881, c. 134; Code, s. 322; Rev., s. 791; C.S., s. 831.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 36 - Claim and Delivery.
§ 1-472 - Claim for delivery of personal property.
§ 1-473 - Affidavit and requisites.
§ 1-474 - Order of seizure and delivery to plaintiff.
§ 1-474.1 - Notice of hearing; waiver; permissible form of notice and waiver.
§ 1-475 - Plaintiff's undertaking.
§ 1-477 - Exceptions to undertaking; liability of sheriff.
§ 1-478 - Defendant's undertaking for replevy.
§ 1-479 - Qualification and justification of defendant's sureties.
§ 1-480 - Property concealed in buildings.
§ 1-481 - Care and delivery of seized property.
§ 1-482 - Property claimed by third person; proceedings.
§ 1-483 - Delivery of property to intervener.