21-15-2. Contents of plaintiff's affidavit.

When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:

(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;

(5)    The actual value of the property.

Source: CCivP 1877, § 177; CL 1887, § 4973; RCCivP 1903, § 185; RC 1919, § 2412; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, § 37.3802.