Imagine being in jail for over three years 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.
They have not been outside during their incarceration. They are being held in a jail which is designed for short-term confinement, and they may not receiving proper medical treatment.
The case is very complicated, but the brothers well-being is not! I am writing this Diary to call attention to an issue which I believe more need to be aware of. One of the brothers is diabetic, and so this is a great concern in this case. Supporters feel that they at least be released from prison with ankle bracelets, so that they can be outside, and also obtain adequate medical care.
The facts of the case, as I understand them:
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.
Melvin and Licurtis are the two men now incarcerated in Carteret County Jail.
Gertrude, mother of Melvin and Licurtis, filed a civil action in 1976. Carteret County Superior Court Judge Albert Cowper issued a decree that year, saying the eleven children and wife of Mitchell Reels were the owners of the 65-acre tract, including the currently disputed 13.25 acres.
Note here that nowhere in this ruling is Mitchell Reels' BROTHER, Shedrick, given any claim to this 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.
(Please note that this is six years after Elijah 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.
So, at this point, we have a court ruling showing that the 1944 deed (belonging to Mitchell Reels) is the legitimate claim [It would seem such would negate the claim of Shedrick Reels - but this is where it gets really weird] We also have a 1976 ruling which clarifies that the legal owners of the land are Gertrude Reels (daughter of Mitchell Reels) and Mitchell Reels' eleven children. Nowhere in that ruling is Shedrick given any claim or title to the land. This is apparently upheld in 1978.
In 1979, a Torrens Act certificate was obtained from Shedrick,
who had no legal claim to the land.
It should be noted here that Shedrick was a real-estate lawyer in New Jersey...and the brother of Mitchell Reels, who died in 1970, leaving no will
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 Adams 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. They have fought this all the way to the NC Supreme Court, who refused to hear the case in October, 2014.
The takeaways I get from this are: First, if you own land, don't die without a clear will!
Second...why is the ruling from 1976, clearly showing the daughter and children of Mitchell Reels own the land, and NOT the brother, Shedrick...being overlooked?
Third, why was there never a proper title search done with each sale of the land?
In either case, it is unbelievable that these brothers are held for over three and a half years, possibly without proper medical care, certainly without any time outside...in a jail designed for short-term (one week or less) incarceration!
It is also unbelievable that these brothers "contempt of court"...is refusing to destroy their own homes...on land that had previously been ruled theirs - in favor of a development company that bought the land from someone with no legal claim to the land. The Torrens certificate should never have been issued to Shedrick, the 1976 ruling clearly states he does not own the land. And the Reels family, on the land...were never even notified of the issuance of this Torrens Certificate...which is required.
In short, the Reels Brothers "contempt of court" is refusing to destroy their own homes, and move off land that they believe they rightfully own.
Sources to this story
Carteret County News-Times, Dec. 21, 2014
Raleigh News & Observer, Dec. 14, 2013
WorldNow November 25, 2014
5:40 PM PT: Have heard from the family in this case, they are requesting Christmas cards be sent to the brothers in jail, to show support for the brothers.
Melvin Davis and LiCurtis Reels
Carteret County Jail
P.O. Box 239
Beaufort, NC 28516