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48 NORTH DAKOTA REPORTS

torney, H. S. Blood, Esq. and the defendants appearing by their attorney, Arthur R. Smythe, and the respective attorneys for the parties having presented their arguments to this court and the court being duly advised in the premises.” The record transmitted imports verity and is conclusive evidence of the proceedings had in the lower court. That record cannot be impeached by affidavits submitted in this court. If the record is incomplete or incorrect, amendment or correction must be sought by appropriate proceedings, and not by impeachment on the hearing in this court. The record cannot be impeached, changed or altered in this court. The record cannot be impeached, changed or altered in this court by affidavit or other evidence of matters dehors the record. 4 C. J. 512-514.

It follows from what has been said that the judgment appealed from is correct and must be affirmed. It is so ordered.

Robinson, Ch. J., and Birdzell and Bronson, JJ., concur.

Grace, J. I concur in the result.




JOHN H. KYLLONEN, Appellant, v. ACME HARVESTING MACHINE COMPANY, a foreign corporation, EMERSON BRANTINGHAM IMPLEMENT COMPANY, a foreign corporation, and ANDREW F. LEHR, Defendants.

ANDREW F. LEHR, Respondent.

(182 N. W. 249.)

Mortgages—Substantial compliance with statutory notice of foreclosure sale sufficient.

1. Following McCardia v. Billings, 10 N. D. 373, 87 N. W. 1008, the rule of substantial compliance in the statutory notice of a mortgage foreclosure sale applies.

Mortgages—misspelling of mortgagor’s name in foreclosure notice held not to render foreclosure void.

2. A typographical error in the spelling of the name of the mortgagor in a published notice of foreclosure sale, does not render the fore-