Montagne v. Cherokee County

The facts out of which the issues arise may be briefly stated.' It is undisputed that John George Montagne, plaintiffs’ ancestor, was the rightful .owner of the land in controversy on June 29, 1900. On that date he was adjudged insane by the commissioners of insanity of Cherokee County, and committed to the hospital for the insane at Clarinda. He was discharged as cured October 3d following, and a certificate issued by the superintendent of said institution, attesting his belief that Montagne was restored in mind. This certificate was filed in Cherokee, August 5, 1901. On August 8, 1901,…