9 Rob. 52 | La. | 1844
The petitioner, in his representative capacity, seeks to recover back from the defendant $1250, which he alleges was paid by his testator, the late Robert Layton, without any consideration whatever. Pie represents that the defendant, and a certain Thomas B. Warfield, as agent of the heirs of one R. R. Barr, covenanted and agreed to lay out and establish, according to a notarial act executed on the 20th of March, 1837, a commercial city or town, on the Golden Farm, a tract of land belonging to them, to be known as the town of Far West, and which town was to be forthwith, after the passing of said notarial act, divided into streets, squares, lots, &c., by the said Brashear and Warfield. That on the representation of the advantages of said city, the deceased, R. Layton, was induced to make his note to the order of defendant, for said sum of $1250, which note he has since paid, and thereby became entitled to the quarter of a share in the
It appears from the notarial aet, that the defendant and War-field were to lay off a certain plantation on Berwick’s Bay as a town, and to divide and subdivide it into squares and lots according to a plan to be made thereof, said town to be called Far West on said plan. A joint stock of this land was to be made to be divided into ten shares, of five thousand dollars each share, valuing the whole at fifty thousand dollars. Each stockholder, on receiving his certificate, was to furnish a promissory note made to the order of Brashear and Barr. Immediately after the shares were all taken and notes deliver
Judgment affirmed.