RALEIGH, NC -- The
case of Melvin Davis and LiCurtis Reels was
heard by a three judge appellate panel at the NC Court of Appeals on Morgan Street in
Raleigh on September 6. 2017. We are awaint their decision. The two brothers have been held in
the Carteret County Detention Center since March, 2011. The brothers
contend the court is ignoring the 1976 judgment that awarded 13.25 acres of
Merrimon shoreline (outside Beaufort, NC) to their family. When the court ruled
the property belonged to Adams Creek Associates, Davis and Reels refused to remove
their homes and vacate the contested property on Silver Dollar Road in Merrimon,
claiming the land has been in their family since 1911. They were incarcerated
when they refused to comply with a civil judgment to vacate the property.
The
attorney for the Reels family, Attorney James Hairston, claims that this case
is an abomination. This is the only case in the United States in which anyone
has been imprisoned for more than six years for civic context. Since these men
are being held in a detention center, they haven’t been outside since their
initial incarceration six years ago, and many feel this is inhumane treatment.
The
Reels family of Merrimon believes that the plaintiffs obtain their land through
the illegal use of the Torrens Act. (The Torrens Act is used when land is in dispute
due to multiple heirs. In such cases, all the heirs to the land are notified
and then a new claim is registered to the new owner.)
In
the early 1970’s, the disputed property was challenged in court by Shedrick
Reels of New Jersey. At that time, Claud
R. Wheatley III represented the Reels family who reside on Silver Dollar Road
in Merrimon. In 1976, a judgment was
made in favor of the Carteret County residents. Their case was won and they
believed they owned the land. "In
March 1979, attorney Claud R. Wheatly, III, (“Wheatly”) signed a certification
on behalf of the present defendants or their predecessors in interest,
certifying that they had no objections to Shedrick's petition to register the
subject property.” (source http://caselaw.findlaw.com/nc-court-of-appeals/1018455.html)
It
should be noted that Gertrude Reels name on this certificate was signed as
“Gertrude Davis,” a name Ms. Reels has never used. The Reels of Merrimon did not learn of this land transfer until
1983, and voiced objection to it. When they filed grievance in court, it was ruled
that the statue of limitations had passed and they held no claim. Eventually, this
parcel was purchased by the Adam Creek Associates.
