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