55-721 PROOF OF INSTRUMENT BY HANDWRITING. - Idaho Statutes

TITLE 55

PROPERTY IN GENERAL

CHAPTER 7

ACKNOWLEDGMENTS

55-721. 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; or,

2. When the parties and all the subscribing witnesses are nonresidents of the state; or,

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; or,

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 (1) hour, after his appearance.