Ezell v. Helton

JONES, Justice.

This is a replevin suit from the Circuit Court of Greene County wherein appellee was awarded possession of a certain automobile claimed by and in possession of appellants. We are reversing and remanding.

In a replevin action, the value of the property is an essential part of the affidavit by which the action is begun. Section 2841, Mississippi Code of 1942 Annotated (1956) providing for the institution of a replevin suit requires an affidavit giving, among other items, the description of the property and the value of each separate article.

Section 2842 supplies the form of the…