McCAMANT, Circuit Judge (after stating the facts as above).
The defendants testified that on the 24th of December, 1918, they entered into a written contract of marriage in the presence of Wm. L. McConnell, a notary or justice of the peace at Idaho Falls; also that since that date they have held themselves out as man and wife. Based upon this testimony, defendants requested the trial court to give the following instruction:
"That if you find from the evidence...
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