mis is WE LAW By : Robert E. Lee (For the N. C. Bar Association) TWICE PAID John Jones through inadverten ce or mistake has mailed Tom Taylor two checks in payment of the same merchandise. Taylor has cashed both checks. Does Jones have any legal remedy? Yes. Jones may recover a Judgment against Taylor for the overpayment. If one pays to another money under a mistake of fact, it may be recovered. The recipent would be unjustly enriched if he were allowed to keep it. The funds from the second check does not belong to Taylor but does belong to Jones. The Supreme Court of North Caro’ina n 1965, quot'ng from an earlier case of this State, stated •* “It is as inequtab’e Nr the one to receive and retain the double payment as it is wrong thar the other who has twice paid his money should lose it and be w thout remedy. The in equality will be corrected and the balance adjusted by the de fendant’s refunding what he has received and improperly divert ed to his own use,” • • • There are two persons in a « i*y w th the same name. Adams owes >ne of these persons for .■services rendered. Through a misiake, the secretary of Adams mails a check to the address of the one to whom nothing is ow ing. The check is cashed by the recipient. May Adams recover the amount of the check from h m? Yes The equitable doctrines of our courts will permit a re covery of either money or pro per'> receved by one to whom it • 'o«vs not belong. Not to do so would constitute an unjust en richment of the recipient at the expense of the party who made del very under a mistake. As a general rule it is no de fense to an action for the re coverv of payment made under mistake of fact that the recip lent has spent the money. In great sincerity, we express appreciation for many friendly associations. May your New Year be bright and cheerful. Young Auto Sales 1 ■■■ , THE YANCEY RECORD NOTICE OF SALE IN THE SUPERIOR COURT BEFORE THE CLERK NORTH CAROLINA YANCEY COUNTY ELIZA TIPTON McCURRY and HUSBAND, A. V. McCURRY, PETITIONERS vs. RUETTA TIPTON AMMONS and HUSBAND, WOODSON AM MONS, RESPONDENTS Under and by virtue of an Or der of the Superior Cour t of Yancey County in the above en titled special proceeding the un dersigned Ccntmlssiener. w ! U at 10 o’clock A. M., January 11,. 1968, at the courthouse door in Burnsville, North Carolina, offer for sale for cash to the highest bidder the following described tract or parcel of land in Jacks Creek Township, Yancey County, North Carolina, adjoining the lands of John Letterman and others and described as follows: BEGINNING on a balm, di ver Bryants and D. W? Tipton’s corner then with Oliver Bryant’s line to Wilburn Burleson’s line; then with Burleson’s line to the top of the mountain to a white oak, J. C. Robinson’s corner, then with main top of the moun tain and J. C. Robinson’s line to a white oak, Wesley Deyton’s corner at top of the mountain; thence down and with Deyton’s line to a hornbeam, Fred Bry ant’s corner, then with Fred Bryant’s line to a Birch, Henry Estep’s comer; thence with Es tep’s line to a Sourwood; then down and with Estep’s line to John Letterman's comer; thence with said Letterman’s line to a white oak; thence down and wit’’ Letterman’s line to a locust; then with Letterman’s line to a rock on a ridge; then with Let terman’s line to the BEGINNING containing 50 acres, more or less. EXCEPTING however, the minerals, inning rights, and pri vileges of a portion of said land. The successful bidder at said sale win be required to deposit 10% of the first $1,000.00, i> mount of said bid and 5% of the remaiQjng amount pf.said bid. This December 19. 1967. Bill Atkins, Commissioner Dec. 28, Jan. 4 JW (jw ADMINISTRATORS NOTICE NORTH CAROLINA YANCEY COUNTY Hav.ng qualified as Adminis trator of the Estate of Edd Wil son, deceased, late of Yancey County, this is to notify all per sons havng claims against the Decedent to exhibit the same to the undersigned Admin ! strator at his home at RFD 5, Box 204, Burnsville, N. C., on or before the 21st day of June, 1968. or th s notice will be pleaded in bar of their recovery. All persons owing the Estate will please make immediate payment. This December 21st, 1967. John Robert Wilson, Adminis trator of the Estate of Edd Wil son, Deceased. Dec. 21, 28, Jan. 4, 11 , ADMINISTRATRIX NOTICE NORTH CAROLINA YANCEY COUNTY Having qualifed as Adminis tratrix of tiie Estate of Nellie Vance Angel, deceased, late of Yancey County, this *s to notify all persona having claims against the Decedent to exhibit the same to the undersigned Administratrix at her home at Burnsville, N. C., on or before the 7th day of June. 1968, or this notice will be pleaded in bar of their recovery. All persons owing the Estate will please make immediate payment. This 7th day of Dec. 1967. Miss Shelby Angel, Adminis tratrix of the Estate of Nellie Vance Angel, Deceased. CSiiefoft-1968 Time is relentless, yet it is ever kind \o old friendships and always promising new joy and happiness. Best of luck to one and all. F POLLARD’S DRUG STORE Burnsville, N. C. ADMINISTRATRIX NOTICE NORTH CAROLINA YANCEY COUNTY Having qualified as Adminis trate x of the Estate of Bill Gilley, deceased, late of Yancey County, this is to not fy all per sons having claims against the Decedent to exhib t the same to her home at Newdale. N. C., eti or before the 14th day of June, 1968, or this notice will be pleaded in bar of their recovery. All persons owing the Estate will please make immediate payment. Th s December 14, 1967. Hazel G Hey, Administratrix of the Estate of Bill Gilley. Deceased. Dec. 14. 21. 28. Jan. 4 ADMINISTRATRIX NOTICE NORTH CAROLINA YANCEY COUNTY Haviung qualifed as Adminis tratrix of the Estate of Ralph T. Proffitt, deceased, late of Yancey County, this is to notify all persons having claims against the Decedent to exhibit the same to the undersigned Administratrix at her heme at Rt. 3, Burnsville, N. C., on or before the 21st day of June, 1968, or this notice wiU be pleaded in bar of their recovery. AH persons owing the Estate will please make immediate payment. This December 21st, 1967. Juanita W. Proffitt, Adrrinia tratrix of the Estate of Ralph T. Proffitt, Deceased. Dec. 21, 28, Jan. 4, 11 THURSDAY, DEC. 28. 1967 EXECUTORS NOTICE NORTH CAROLINA YANCEY COUNTY Having qualified as Executor of the Estate of John Edward Edge, deceased, late of Yancey County, this is to notify all persons hav ng claims against the Decedent to exhibit the same to the undersigned Exe cutor at his home at Rt. s. BumsviUe, N C.. on or before the 14th day of June. 1968, or this notce will be pleaded In' bar of their recovery. All persons owing the Estate will please make immediate payment. Th s December/ 14, 1967. Lewis E. Edge/, Executor of the Estate of Johh Edward Edge. Deceased. \ Dec. 14, 21, 28. JaA, 4 EXECUTOR’S NOTICE NORTH CAROLINA YANCEY COUNTY Hav.ng qualified as Executor of the Estate of Thomas Edmund Woody, deceased, late of Yancey County, this is to notify all per sons having claims against the Decedent to exh bit the same to the undersigned Executor at his home at Rt. 1, Burnsville, N. C.. on or before the 21st day of June, 1968, or this notice will be pleaded in bar of their recovery. All persons owing the Estate will please make immediate payment This December 21, 1967. Joe Woody, Executor of the Estate of Thomas Eifanmnf Woody, Deceased. Dec. Jtt, 28, Jan. 4. 11