An officer authorized to take an acknowledgment or proof of conveyance may issue a subpoena requiring a witness to a conveyance to appear and testify before the officer regarding the execution, upon the application of a grantee, or of a person claiming under the grantee, verified by the oath of the applicant, setting out that
(1) the grantor is dead, out of the state, or refuses to acknowledge the conveyance;
(2) a witness to the conveyance refuses to appear and testify regarding the execution of the conveyance; and
(3) the conveyance cannot be proved without the evidence of the witness.