Burton v. Dixon

There are two questions for decision: (1) Does the counterclaim state a cause of action? (2) If so, is there a misjoinder of parties and causes?

Accepting the factual allegations of the counterclaim as true and construing them liberally, as we must in passing upon the demurrer (Rubber Co. v. Distributors, Inc., 251 N.C. 406, 410, 111 S.E. 2d 614), we are of the opinion that the facts alleged are sufficient to constitute a cause of action for damages arising from a conspiracy to take possession of C. P. Wilson's property and convert it to the use of plaintiff and her husband.

A conspiracy is…