LOST
LOST. What was once possessed and cannot now be found.
2. When a bond or other deed was lost, formerly the obligee or plaintiff was compelled to go into equity to seek relief, because there was no remedy a law, the plaintiff being required to make profert in his declaration. 1 Chan. c. 7T. But in process of time courts of law dispensed with profert in such cases, and thereby obtained concurrent jurisdiction with the courts of chancery, so that now the loss of any paper, other than a negotiable note, will not prevent the plaintiff from recovering at law as well as in equity. 3 Atk. 214; 1 Ves. 341; 5 Ves. 235; 6 Ves. 812, 7 Ves. 19; 3 V. & B. 54.
3. When a negotiable note has been lost, equity will grant relief. In such case the claimant must tender an indemnity to the debtor, and file a bill in chancery to compel payment. 7 B. & C. 90; Ryan & Mo. 90; 4 Taunt. 602; 2 Ves. sen. 327; 16 Ves. 430.