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 instrument is the property of the person claiming under it, unpaid and unsatisfied.
Code 1858, § 3902 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5695; Code 1932, § 9880; T.C.A. (orig. ed.), § 24-802.
Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Lost Instruments and Records, § 1.
Law Reviews.
“Best Evidence” Rule in Tennessee (Robert Townsend), 38 Tenn. L. Rev. 97.