18-4-19. Circumstances permitting proof of instrument by handwriting.
The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:
(1)When the parties and all the subscribing witnesses are dead;
(2)When the parties and all the subscribing witnesses are nonresidents of the state;
(3)When the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;
(4)When the subscribing witness conceals himself or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or
(5)In case of the continued failure or refusal of the witness to testify for the space of one hour after his appearance.
Source: CivC 1877, §663; CL 1887, §3285; RCivC 1903, §978; RC 1919, §584; SDC 1939, §51.1612.