Sec.
§
31.850
Requisites of affidavit by plaintiff.
Where a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in the plaintiff’s behalf, and filed with the court showing:
1.
That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof.
2.
That the property is wrongfully detained by the defendant.
3.
The alleged cause of the detention thereof according to the plaintiff’s best knowledge, information and belief.
4.
That the same has not been taken for a tax, assessment or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure.