Two brothers are preparing a lawsuit against Madison County for $250 million over its alleged role in stealing a 22-acre property from their family estate.
Kevin and Robert Matthews filed a notice of claim over the Thanksgiving holiday, notifying county officials of the impending suit. They are asking for a quarter-billion dollars, claiming the county is responsible for "personal injury and economic loss resulting from negligent and/or willful and wanton acts … regarding the theft of the Matthews' family property."
The claim against the county spans nearly a quarter century, beginning in 2001 with a court order by then Circuit Judge E. Dwight Fay, Jr., regarding the sale of the family's Huntsville property following the death of Matthews's father, Pierce. The property on Winchester Road, once the Matthews family farm, is now the site of several retailers, including Aldi, CVS, Walgreens and others, all of which are trespassing, according to the Matthews family.
The brothers argue that the Jan. 5, 2001 court order that confirmed the private sale of the property between their mom, Carrie Matthews, and sister, Marzie Patton, who also served as the personal representative of the Pierce Matthews Estate at the time, was a "sham" orchestrated by Douglas C. Martinson, II, who acted as Patton's attorney.
In a separate statement by Kevin and Robert Matthews supporting the general liability affidavit of claim, they alleged that former Madison County circuit clerk Billy D. Harbin, beginning in 1999, injured the estates of their father and mother by materially assisting Martinson "in his quest to steal the land belonging to the Matthews family."
"Former Clerk Harbin's cooperation with Douglas Martinson is the primary reason that Martinson was able to steal land from others," their statement read. "In this particular instance, Circuit Clerk Harbin assisted Martinson from beginning to end of the Private Sale action between Marzie Patton and her mother, Carrie Matthews. That sale was designed by Martinson to take the Matthews' land."
The Matthews said Harbin used Pierce Matthew's deed from 1948 — when Carrie Matthews' grandparents gave them the land — to justify the private sale in 2001 after Pierce Matthews died in 1997, posthumously making him the actual buyer of the property.
"A dead man cannot convey property," Kevin Matthews said.
The January 2001 order confirmed the sale of Carrie Matthews's one-half interest in the property to Patton for $70,000 and ordered a clerk's title be executed to Patton. However, the brothers said their sister did not have the authority to execute the title to herself — per Peirce Mattherws' will and because she was no longer the estate representative — and that their mom never received the $70,000 payment and no clerk's title or joint deed, upon which rests the current land occupiers claim of ownership, ever existed.
Attorneys for the Matthews Estate, Rick Kornis and Franklin Eaton, sent a request in October 2023 to the Madison County Circuit Clerk's Office asking for any information related to a joint title between Patton and Carrie Matthews, which they said was legally required for the judge to approve the 2001 private sale. However, Circuit Clerk Debra Kizer responded to their request, saying she could find no record of a joint title, related appraisal report or clerk's title from Harbin.
"This fact has been recently affirmed by Stewart Title Company, who, under oath, stated they have 'no records' of ever insuring the property for the alleged current owners," Kornis and Eaton said. "Defendants have long represented that they possess and maintain title to the property through Stewart Title Insurance Policies that have now been proven to be non-existent."
Given these and other alleged procedural issues, including judicial malpractice via allowing ex parte communications, the Matthews estate holds that it remains the rightful owner of the property.
"This story will expose the State of Alabama, via the Madison County Probate Court, Circuit Court and its employees and agents, numerous lawyers and others' concerted efforts over the past 24 years and continuing to-date to steal and deprive, then widow, Carrie Matthews, now deceased, and the Matthews heirs of their due process rights in order to steal their ancestry farmland," Kornis and Eaton said in a statement to 1819 News.
"This case is a non-fiction story that will make a John Grisham novel look boring and epitomizes Alabama's and Madison County's sordid failure to provide equal justice to all segments of its population."
To connect with the story's author or comment, email daniel.taylor@1819news.com or find him on X and Facebook.
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