Lost

1.

The finder of lost property has a valid claim against all persons but the true owner.

See further Find, 1. 2.

The contents of any written instrument lost, or destroyed, may be proved by competent evidence. Judicial records and all other kinds of documents of a kindred nature are within the rule.* If a note has been destroyed by fire, it may be said to be "lost." * If a bill of exchange or a promissory note, indorsed in blank and payable to bearer, be lost or stolen, and be purchased in good faith without Imowledge of want of ownership in the vendor, the holder's title is good.* The rule is otherwise as to a bill of lading, q. v. A lost will may be established by evidence, as in the case of a lo.<it deed, all persons interested being first made parties. The declarations of the testator may be shown, as well to establish its contents as to show the improbability of its destrtiction by him. The burden is on the party alleging that a will existed, to prove its execution and contents by strong, positive, and convincing evidence.^ Although a will is required to be attested by two witnesses, a lost will may be established by the testi- ' Scottish Mar. Ins. Co. v. Turner, 20 E. L. & E. 42 (1853), Ld. Thuro. ' Home Ins. Co. v. Baltimore Warehouse Co., 93 U. S. 546 (1876); 86 Md. 102. ' Knickerbocker Life Ins. Co. v. Pendleton, 112 U. S. 709 (1885), cases. * Burton v. Driggo, 20 Wall. 134 (1873), cases; 18 How. 246; 11 Wall. 672. » Mc Gregory v. Mc Gregory, 107 Mass. 643 (1871). • Shaw V. North Pennsylvania R. Co., 101 U. S. 564 (1879), Strong, J. See Adams v. Edmimds, 65 Vt. 352 mony of a single witness; and probate may be granted to the extent to which the provisions are proved.^ When an abstract or summary of a lost or destroyed record, deed, deposition, will, or other instrument is offered as the best evidence obtainable, the witness must be sufficiently acquainted with the original, and the court be satisfied that the original is non-producible, and evidence if produced. The loss may be inferentially proved, or admitted. A probable custodian must be inquired of, and search in the proper place be proved — the decree of search being proportioned to the importance of the document.^ The maliier of paper which has become lost is liable to the owner, after notice of the loss, if he redeems the paper without requiring the holder to establish his title. The holder should be required to furnish indemnity against other claimants.' See Deposit, Certificate of; Evidence, Secondary; Profert.