[S. C., 1 Tenn. 286.]
The plaintiff's counsel moved for a continuance upon an affidavit, stating that his claim was bottomed upon an entry made in Carter's office or a Carter's warrant; that the records of those entries were lost; that he applied to the secretary of the State of Tennessee, with whom the different bundles of locations were deposited for safe-keeping, for a copy as the next best evidence that he knew of; that the secretary refused, as having no authority by law to give copies; that without evidence of the
entry, he cannot safely come to trial, and expects to procure such evidence at the next term.