{
  "id": 8520985,
  "name": "MRS. JOHN J. SHORT, and HARRY G. BRYANT, Plaintiffs v. GEORGE A. BRYANT, JR. as Executor of the Estate of GEORGE A. BRYANT, SR., et al., Defendants",
  "name_abbreviation": "Short v. Bryant",
  "decision_date": "1990-02-06",
  "docket_number": "No. 8921SC549",
  "first_page": "327",
  "last_page": "329",
  "citations": [
    {
      "type": "official",
      "cite": "97 N.C. App. 327"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "145 S.E. 281",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "year": 1928,
      "opinion_index": 0
    },
    {
      "cite": "196 N.C. 268",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8626175
      ],
      "year": 1928,
      "opinion_index": 0,
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        "/nc/196/0268-01"
      ]
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  "last_updated": "2023-07-14T17:09:00.422652+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Hedrick and Judge Arnold concur."
    ],
    "parties": [
      "MRS. JOHN J. SHORT, and HARRY G. BRYANT, Plaintiffs v. GEORGE A. BRYANT, JR. as Executor of the Estate of GEORGE A. BRYANT, SR., et al., Defendants"
    ],
    "opinions": [
      {
        "text": "PHILLIPS, Judge.\nDefendant\u2019s first assignment of error concerns the court\u2019s denial of his motion to cancel the Sheriff\u2019s Deed conveying defendant\u2019s property to the purchasers of it at auction. He contends that the price received was inadequate and that \u201cother circumstances,\u201d when combined with the inadequate price, warrant cancellation of the deed. While theoretically correct, defendant has failed to show any other circumstances to justify his contention. Inadequacy of price alone is insufficient to declare a deed issued pursuant to an execution sale void. Weir v. Weir, 196 N.C. 268, 145 S.E. 281 (1928). To void such a deed a showing of some trick, oppression, artifice, fraud or undue advantage is required, Weir v. Weir, supra, and defendant has made no such showing.\nHis next assignment of error concerns the awarding of attorney\u2019s fees to plaintiffs under G.S. 6-21.5, which became effective on 1 October 1984, and contends that as the underlying action arose in 1983, he is exempt from the sanctions imposed by the statute. We disagree. G.S. 6-21.5 states in part that upon motion by the prevailing party the court may award attorney\u2019s fees if it finds there was a \u201ccomplete absence of a justiciable issue of either law or fact raised by the losing party in any pleading.\u201d The legislative purpose of this statute is to discourage frivolous legal action and that purpose may not be circumvented by limiting the statute\u2019s application to the initial pleadings. Frivolous action in a lawsuit can occur at any stage of the proceeding and whenever it occurs is subject to the legislative ban. The consent judgment, which defendant entered into, effectively brought the original case to a close; his motion to cancel the Sheriff\u2019s Deed raised new issues for which he is accountable, and the attorney fees assessed against him are only those incurred in combating those issues.\nAffirmed.\nChief Judge Hedrick and Judge Arnold concur.",
        "type": "majority",
        "author": "PHILLIPS, Judge."
      }
    ],
    "attorneys": [
      "Joseph T. Carruthers for plaintiff appellee.",
      "George A. Bryant, Jr., defendant appellant, pro se."
    ],
    "corrections": "",
    "head_matter": "MRS. JOHN J. SHORT, and HARRY G. BRYANT, Plaintiffs v. GEORGE A. BRYANT, JR. as Executor of the Estate of GEORGE A. BRYANT, SR., et al., Defendants\nNo. 8921SC549\n(Filed 6 February 1990)\n1. Execution \u00a7 15.1 (NCI3d)\u2014 sheriffs sale \u2014motion to set aside \u2014 evidence insufficient\nInadequacy of price alone is not sufficient to declare a deed issued pursuant to an execution sale void; to void such a deed a showing of some trick, oppression, artifice or undue advantage is required, and defendant made no such showing.\nAm Jur 2d, Executions \u00a7\u00a7 728, 733, 734.\n2. Attorneys at Law \u00a7 7.5 (NCI3d) \u2014 motion to set aside sheriff\u2019s deed \u2014 frivolous \u2014attorney fees as costs\nDefendant was not exempt from the sanctions of N.C.G.S. \u00a7 6-21.5, under which plaintiff was awarded attorney fees incurred in defense of defendant\u2019s motion to set aside a sheriff\u2019s deed, where N.C.G.S. \u00a7 6-21.5 became effective on 1 October 1984; the underlying action was brought on 16 September 1983; defendant signed a consent judgment which was filed on 17 September 1985; and defendant\u2019s motion to cancel the sheriff\u2019s deed was filed on 13 January 1988. Frivolous action in a lawsuit can occur at any stage of the proceeding and whenever it occurs is subject to the legislative ban; the consent judgment effectively brought the original case to a close and the motion to cancel the sheriff\u2019s deed raised new issues for which he is accountable.\nAm Jur 2d, Costs \u00a7 79.\nAPPEAL by defendant from order entered 1 February 1989 by Martin, Lester P., Jr., Judge, in FORSYTH County Superior Court. Heard in the Court of Appeals 23 October 1989.\nThis appeal is from the denial of defendant\u2019s motion to cancel a Sheriff\u2019s Deed issued pursuant to the execution sale of defendant\u2019s real property. The underlying action was brought by plaintiffs on 16 September 1983. Defendant signed a consent judgment which was filed on 17 September 1985. Pursuant to the execution of the judgment the Forsyth County Sheriff caused defendant\u2019s property to be sold at public auction on 22 December 1986, the order of confirmation of the sale was entered by the Clerk of Superior Court of Forsyth County on 8 January 1987, and the Sheriff\u2019s Deed was issued on 14 January 1987. Defendant\u2019s motion to cancel the Sheriff\u2019s Deed was filed 13 January 1988 and denied by the trial court on 1 February 1989. In addition, the court found that defendant\u2019s motion lacked any justiciable issues of law or fact and pursuant to G.S. 6-21.5 awarded plaintiffs attorney\u2019s fees incurred in the defense of defendant\u2019s motion. From the denial of his motion and the award of attorney\u2019s fees defendant appeals.\nJoseph T. Carruthers for plaintiff appellee.\nGeorge A. Bryant, Jr., defendant appellant, pro se."
  },
  "file_name": "0327-01",
  "first_page_order": 355,
  "last_page_order": 357
}