Lane v. Doak

Roberts, Chief Justice.

This suit was commenced on the 7th of November, 1872, by a distress warrant, founded on an affidavit annexed to an account for $300, for rent of 100 acres of land in the Alford Allen place, in Red River county. The affidavit does not conform to the statute in terms as prescribed in the act of 1870, (Paschal’s Dig., 6374,) ' under which the proceeding was instituted, which provides “that the plaintiff, his agent or attorney, shall make oath that the amount sued for is for rent, or shall produce a writing from such tenant to that effect,” upon which “ it shall be the duty…