§ 24-8-101. Affidavit of Loss
Any lost instrument may be supplied by affidavit of any person acquainted with the facts, stating the contents thereof, as near as may be, and that such instrument has been unintentionally lost or mislaid, and is still the property of the person claiming under it, unpaid and unsatisfied. Code 1858, § 3901 (deriv. Acts 1819, […]
§ 24-8-102. Instrument in Possession of Adverse Party
If an instrument is wrongfully in the possession of the opposite party, who fails to produce it upon notice, its place may be supplied by the affidavit of any person acquainted with the facts, stating the contents as near as may be, the wrongful possession of the opposite party, notice to produce, and that such […]
§ 24-8-103. Effect of Affidavit
If the instrument is one which the law requires should be denied under oath, the affidavit, produced before or at the trial, shall be sufficient to establish the claimant’s right, whether such claimant is plaintiff or defendant; and if denied under oath, or otherwise legally put in issue, may be established by competent evidence of […]
§ 24-8-104. Requirement of Indemnity Bond
The court, before whom the action is tried, may, in case recovery is had upon a lost instrument, require the party claiming under it to give bond with good security, in double the amount of the claim, payable to the opposite party, and conditioned to indemnify such party against any demand by action on such […]
§ 24-8-105. Sureties on Indemnity Bond
In cases of lost notes, bonds, life insurance policies, and other instruments which by law are negotiable or assignable when the party claiming under the same is required to execute a bond to indemnify the party issuing the same, it shall be lawful for such indemnity bond to be secured either by personal sureties or […]
§ 24-8-106. Action Without Bond
The person recovering on such lost instrument may, however, after the lapse of two (2) years from the maturity of such instrument, enforce such person’s recovery without giving the bond prescribed in §§ 24-8-104 and 24-8-105, in which case, the person from whom the recovery is had, may plead the judgment in bar of an […]
§ 24-8-107. Intervention by True Owner
If the actual holder of such lost instrument brings an action thereon after the lost instrument has been recovered in accordance with this chapter, the true owner may intervene and defend the action. Code 1858, § 3906 (deriv. Acts 1851-1852, ch. 86, § 2); Shan., § 5699; Code 1932, § 9885; T.C.A. (orig. ed.), § […]
§ 24-8-108. [reserved.]
Any record, proceeding, or paper filed in an action, either at law or equity, if lost or mislaid unintentionally, or fraudulently made away with, may be supplied, upon application, under the orders of the court, by the best evidence of which the nature of the case will admit. Code 1858, § 3907 (deriv. Acts 1847-1848, […]
§ 24-8-110. Retaking Lost Depositions
If the lost papers consist of depositions, the court may, in its discretion, order the testimony to be retaken, if the witnesses are alive. Code 1858, § 3908 (deriv. Acts 1847-1848, ch. 116, § 2); Shan., § 5702; Code 1932, § 9888; T.C.A. (orig. ed.), § 24-810.