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Rule 696. Applicant's Affidavit


No sequestration shall issue in any cause until the party applying therefor shall file an affidavit in writing stating:

(a) That he is the owner of the property sued for, or some interest therein specifying such interest, and is entitled to the pos­session thereof; or,

(b) If the suit be to foreclose a mortgage or enforce a lien upon the property, the fact of the existence of such mortgage or lien, and that the same is just and unsatisfied, and the amount of the same still unsatisfied, and the date when due.

(c) The property to be sequestered shall be described with such certainty that it may be identified and distinguished from property of a like kind, giving the value of each article of the property and the county in which the same is situated.

(d) It shall set forth one or more of the causes named in Art. 6840 of the Revised Civil Statutes of Texas, 1925, entitling him to the writ. The writ shall not be quashed because two or more grounds are stated conjunctively or disjunctively.

Source: Art. 6841.

Change: Addition of last sentence.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 11, 1977, eff. Jan. 1, 1978

July 15, 1987, eff. Jan. 1, 1988