Affidavit and obligation to be filed by plaintiff.
Section 263
SEC. 263. Affidavit and obligation to be filed by plaintiff. — Where a delivery is claimed an affidavit must 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 entitled to the possession thereof; 2. That the property is wrongfully detained by the defendant; 3. The alleged cause of detention thereof according to his best knowledge, information, and belief; 4. That it has not been taken for a tax assessment or fine pursuant to a statute, or seized under an execution, or an 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. The plaintiff shall also at the same time file with the clerk a written obligation of the plaintiff, executed by two or more sureties approved by the court, to the effect that they are bound to the defendant in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if the return thereof be adjudged, and for the payment to him of such sum as may in the cause be recovered against the plaintiff. The affidavit and obligation shall be filed with the clerk of the court in which the action is pending.