When a grantor or lessor refuses to acknowledge his or her deed and the subscribing witnesses to the same are dead or out of the state, it may be proved before the supreme or any superior court by proving the handwriting of the grantor or lessor and of a subscribing witness, such court first summoning the grantor or lessor as provided in this chapter. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)