On the day fixed by such notice, such clerk shall take and record in such book the testimony of any credible person, who may appear before him touching the existence or execution of any deed, will, or other title paper which was recorded in any book burned, lost or destroyed, as aforesaid. The witness shall describe the paper as nearly as may be; and if a deed be the subject of inquiry, the names of the grantor and grantee, the date thereof, and the number of acres called for shall be stated as nearly as the witness can recollect. The witness shall further state as accurately as he is able the locality of the land conveyed; the name of the tract, if it had any; whether it is improved or unimproved, and if improved, who made the improvements; who lived upon the same, and how long; what the calls were with regard to corners, boundaries, or adjacent lands; and anything else which the clerk may deem material to describe the title to the land, or to locate the same. If a will or other title paper than a deed be the subject of inquiry, the witness shall describe the same with the same particularity as in the case of a deed.
Structure West Virginia Code
Chapter 39. Records and Papers
Article 3. Reconstruction of Lost Records and Papers
§39-3-1. Admission to Record of Certified Copy When Original Writing Lost, Mislaid or Destroyed
§39-3-2. Lost Records or Papers Recorded or Filed Anew
§39-3-3. Recordation of Certified Copies at Instance of County Court When Record Lost or Destroyed
§39-3-4. Loss of Court Records; Reentries
§39-3-5. Loss of Original Papers in Any Cause or Appellate Court Record; Effect of Papers Supplied
§39-3-6. When Books or Papers Deemed Lost
§39-3-7. Procedure to Prove Contents of Lost Papers or Records -- Generally
§39-3-8. Procedure to Prove Contents of Lost Papers or Records -- Right to Rehearing
§39-3-9. Taking Testimony as to Lost Records -- Action by County Clerk
§39-3-10. Taking Testimony as to Lost Records -- Record
§39-3-11. Taking Testimony as to Lost Records -- Publication of Notice
§39-3-12. Taking Testimony as to Lost Records -- Subjects of Inquiry
§39-3-13. Taking Testimony as to Lost Records -- Powers of Clerk; Death, etc., of Clerk
§39-3-14. Taking Testimony as to Lost Records -- Fees Payable to Clerk and Witnesses
§39-3-16. Taking Testimony as to Lost Records -- Admissibility of Depositions or Copies