By statute 16 it is provided that contracts for the sale of land shall be executed in the presence of two witnesses who shall subscribe their names as such, and the vendor may acknowledge the same before a notary public or other official entitled to take such acknowledgment within this state. The vendee need not acknowledge the contract, but must sign it. It should be noted that the statute does not require the contract to be

14. Elliott On Contracts, Sec. 261; Hickson v. Aylward, 3 Moll. 15; Foltz v. Wert, 103 Ind. 404, 2 N. E. 950; Paulus v. Reed, 121 Iowa 224, 96 N. W. 757; Merchants Nat. Bank v. Soesbe, 138 Iowa 354, 116 N. W. 123; Nason v. Chicago, etc., R. Co., 149 Iowa 608, 128 N. W. 854 (holding mere physical weakness as a general rule insufficient to avoid a contract); Mathews v. Nash, 161 Iowa 125. 130 N. W. 796; Farnam v. Brooks, 9 Pick (Mass.) 212; 1 Elliott, On Ev., Sec. 125-126; 3 Elliott On Ev., Sec. 2266; see also, Moore v. Gilbert, 175 Fed. 1, 99 C. C. A. 141; Hauber v. Liebold, 76 Nebr. 706, 107 Admrs. 78 Vt. 173, 64 Atl. 1110.

15. Elliott On Contracts, Sec. 262.

16. That contracts for the sale of land or any interest therein, shall be executed in the presence of two witnesses, who shall subscribe their names thereto as such, and the vendor named in such contract, and executing the same may acknowledge the execution thereof before any Judge, or commissioner of a court of record, or before any notary public or justice of the peace within this state; and the officer taking such acknowledgment shall endorse thereon a certificate of the acknowledgment thereof, and the date of the making the same under his hand. Sec. 11770 C. L. 1915.

acknowledged by the vendor but provides that he may acknowledge such contract.

If the vendor does not acknowledge the contract the same will not be entitled to registration.17 Neither acknowledgment by the vendee or vendor is necessary to make the instrument valid between the parties.18

Sec. 48. Consideration Need Not Be Stated In Contract

It is provided by the statute 19 that the consideration of any contract or agreement, required to be in writing, need not be set forth in the contract or agreement or in the note or memorandum thereof but may be proved by legal evidence.