Flint, Chamberlain & Graham v. McCarty & Brown

Opinion by

Watts, J.

§ 1018. Trial of right of property; affidavit for. This was a suit for the trial of the right of property, in which McCarty & Brown were the claimants. The claim affidavit was signed “McCarty & Brown,” and a motion to quash the affidavit because it was not signed and sworn to by any particular person was overruled in the trial court. Held, that the affidavit was insufficient, and should have been quashed. The proceeding to try the right of property is an extraordinary power conferred upon the courts by statute. The affidavit is the starting point of the proceeding — the…