Davis v. First-Central Trust Co.

*4OPINION

By FUNK, J.

Sec 12052 GC provides that an order for the delivery of the property to the plaintiff shall be issued when there is filed in the office of the clerk an affidavit of the plaintiff, his agent or attorney, showing certain facts; among which are, that the property sought to be replevined—

“was not taken on process issued against the plaintiff, and is not claimed by him under a title acquired mediately or immediately by transfer from one from whom such property was taken by execution, order, or other process, nor for a tax,” etc.

While the affidavit contained such statement, the…