Section 36. If a grantor refuses to acknowledge his deed, the grantee or any person who claims under him may apply to a court of record in the county where the land lies or where the grantor or a subscribing witness to the deed resides, and such court shall thereupon issue a summons to the grantor to appear at a certain time and place to hear the testimony of the subscribing witnesses. Such summons, with a copy of the deed annexed, shall be served seven days at least before the time therein assigned for proving the deed, and at such hearing its due execution may be proved by the testimony of one or more of the subscribing witnesses.
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