Freedom for the Reels Brothers!: September 2017

Sunday, September 17, 2017

NC Court of Appeals hear Reels Case

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.

Brothers make stand for Family Home

Imagine being in jail for since March 17, 2011 with little prospect of release. Your crime? Refusing to vacate land which you believe has been in your family for 60 years. Melvin Davis and LiCurtis Reels are convinced a development firm illegally seized their land by misusing the Torrens Act. They are being held for contempt of court and are incarcerated in Beaufort, NC.

The Reels Family believe their land was taken from them through the misuse of the Torrens Act. Gertrude Reels' grandfather Elijah Reels bought the land in 1911, but lost it to back taxes in 1944. So, his son, Mitchell Reels, bought the land from the county [in 1944].

When Mitchell Reels died in 1970, leaving no will, his heirs, including daughter Gertrude, believed the land was theirs. Two of Gertrude's sons, Melvin Davis and Licurtis Reels, built houses on the land.

Then, Mitchell Reels' brother, Shedrick Reels from New Jersey, came in to the picture. He presented a deed to the land saying his dad, Elijah Reels, wanted him to have it. The deed was dated 1950 – six years after Eljah lost the land and Mitchell purchased it.

In 1978, the Reels family hired a local attorney to represent them against the claim by Shedrick. They won the case. The court ruled that 1944 deed was the legitimate claim.

In 1979, a Torrens Act certificate was obtained from Shedrick, who had no legal claim to the land. The certificate stated that the Reels have no objection to giving the a parcel of land to the developers.

The Torrens Act is used when land is in dispute. During such an action, all the heirs to the land should be notified, and a new claim is registered to the new owner. None of the Reels family in Merrimon were notified. Eventually, this parcel was purchased by the Adam Creek Associates.

Melvin Davis and Licurtis Reels were incarcerated when they refused to destroy their homes and leave the land after the courts ruled that Adams Creek Associates legally owns it. The family has continued to fight this ruling.