643.1  Where brought--petition.

An action of replevin may be brought in any county in which the property or some part thereof is situated. The petition must be verified and must state:

1.  A particular description of the property claimed.

2.  Its actual value, and, where there are several articles, the actual value of each.

3.  The facts constituting the plaintiff's right to the present possession thereof, and the extent of the plaintiff's interest in the property, whether it be full or qualified ownership.

4.  That it was neither taken on the order or judgment of a court against the plaintiff, nor under an execution or attachment against the plaintiff or against the property; but if it was taken by either of these modes, then it must state the facts constituting an exemption from seizure by such process.

5.  The facts constituting the alleged cause of detention thereof, according to the plaintiff's best belief.

6.  The amount of damages which the affiant believes the plaintiff ought to recover for the detention thereof.

Section History: Early form

  [C51, § 1703, 1994, 1995; R60, § 3553; C73, § 3225; C97, § 4163; C24, 27, 31, 35, 39, § 12177; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 643.1]


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