Kinsolving

(after stating the facts as above). [1] The appellant contends (adopting the statement of counsel contained in their brief):

This involves a review of the testimony adduced before the register and receiver, and considered by them and the Commissioner General and the Secretary of Interior in making and rendering their decision. There is much of the testimony that is of no value whatever, and no reference will be made to it. By stipulation of counsel it appears that two other'contests were previously filed, one by John English and another by Fred Hamilton, both of which were dismissed on motion of protestant.

Shannon was called, and testified, in effect, that prior to his making final proof he resided in Coeur d’Alene, Idaho, and had resided there up to the time of the rehearing, May 21,1908—about six years; that he had known Joseph H. Johnson a year or thereabouts prior to making final proof; that he (Shannon) stopped at his place and roomed there when he came to town, and borrowed some money of him, once in a while, $10, $20, or $30 at a time, which was about all the business transactions had with him up to that time; and that he became indebted in the meanwhile to Johnson in…