Those sections of the statute relative to the formal requisite of a land contract must be construed in connection with a remedial section of the statute 27 which provides that no conveyance of land or instrument intended to operate as such conveyance, made in good faith and upon valuable consideration shall be wholly void by reason of any defects or any statutory requisites in sealing, signing or attestation, acknowledgment or certificate of acknowledgment thereof. In construing this section it has been held that where a contract only had one witness it was nevertheless constructive notice and was not void.28

It has also been held that record of a deed with defective acknowledgment operates as a notice of right secured by deed where the instrument was made in good faith and on valuable consideration and intended to operate as a conveyance.29 edged by the persons executing the same before any one of the officers authorized by this section to take such acknowledgment, and such acknowledgment shall have been certified thereon, as above required, shall be deemed between the parties thereof and all parties claiming under or through them, as valid and effectual to convey the legal estate of the premises therein described; and whenever such deed has been recorded in the office of the register of deeds of the proper county such record shall be effectual for all purposes of a legal record, and the record of such deed, or a transcript thereof, may be given in evidence as in other cases; provided, that nothing herein contained shall impair the rights of any person under a purchase heretofore made in good faith and on valuable consideration." Sec. 11697 C. L. 1915. This is C. L. 1871, Sec. 11, Chap. 1, referred to above. C. L. 1915, Sec. 11755.

27. No conveyance of land or instrument intended to operate as such conveyance, made in good faith and upon a valuable consideration whether heretofore made or hereafter to be made, shall be wholly void by reason of any defect in any statutory requisite in the sealing, signing, attestation, acknowledgment, or certificate of ac knowledgment thereof; nor shall any deed or conveyance, heretofore or hereafter to be made, designed and intended to operate as a conveyance to any religious or benevolent society or corporation, be wholly void by reason of any mistake in the name or description of the grantee, nor because of any failure of such society or corporation to comply with any statutory provisions concerning the organization of such society or corporation. C. L. 1915, Sec. 11784.

28. Aultman Miller & Co. v. Pet-tys, 59 Mich. 486.

29. Brown v. McCormick, 28 Mich. 214.

The record of a deed executed in the state of New York in 1839 and recorded in 1846 was entirely lacking of any clerk's certificate of authentication of due execution operated as a legal notice of all rights secured under it, all such defects being clearly within the letter and spirit of the statute.30 The Michigan Supreme Court has also held that an antenuptial contract with one witness is sufficient notice and is good against a mortgage subsequently executed by the husband only contrary to the provision of such contract.31 A contract without any witnesses is not wholly void but is constructive notice of the content thereof.32 In another case, where the contract was not witnessed, the court held the same to be not void but sufficient under the showing made to entitle the vendee to specific performance.33