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BURTON v. DIXON

No. 389.

131 S.E.2d 27 (1963)

259 N.C. 473

Myrtle BURTON v. A.L. DIXON, Executor of the Will of C.P. Wilson, Original Defendant, and K. D. Burton, Additional Defendant.

Supreme Court of North Carolina.

May 22, 1963.

Attorney(s) appearing for the Case

Everett, Everett & Everett, Durham, and T. Jule Warren, Roxboro, for plaintiff.

R. B. Dawes, Sr., and R. B. Dawes, Jr., Roxboro, for original defendant.

MOORE, Justice.

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 (General Tire Rubber Co. v. Distributors, Inc., 251 N.C. 406, 410, 111 S.E.2d 614), we are of the...

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