Submitted by Kevin Matthew
The opinions, findings, and conclusions or recommendations expressed in the article and its author do not necessarily reflect the view of Speakin’ Out News.
On February 6, 2023, at 2:28 p.m., Alabama attorney Douglas C. Martinson, II, a scion of the Huntsville legal community and a Commissioner in the Alabama State Bar Association, with his co-defendants in a quiet title lawsuit, made an admission that shook the foundation of the Alabama legal system.
Martinson admitted after 22 years of denials that an essential “joint owner” deed in a Private Sale lawsuit he masterminded in 2001 did not exist. Because of that lawsuit, his client Carrie H. Matthews’ title to her homestead farm was transferred to Martinson’s law firm, Martinson and Beason P.C., which sold portions of the property to the co-defendants.
Martinson persuaded co-defendants’ counsel to obtain their client’s agreement to a unanimous joint admission: Marzie Patton’s joint deed does not exist. The ad- mission included co-defendants Aldi Inc., Huntsville Winchester, LLC, Watson Company, LLC, etc. The Plaintiffs have argued for 22 years the joint deed does not exist. The joint deed is THE document from which all Defendants trace their title. The admission means NO defendant has any interest or insurable interest in the property at 2155 Winchester Road, Huntsville, Alabama. Martinson lied to Judge Fay 22 years ago that Marzie Patton and her mother, Carrie H. Matthews, jointly owned the farm. Martinson lied that Marzie Patton had a joint deed so his law firm could take title at the end of the Private Sale. He never proved joint ownership in the Private Sale action.
Martinson and the Defendants’ unanimous admission that no joint deed exists proves that Martinson and officers of the court conspired to steal Marzie Patton’s and Carrie Matthews’ identities to claim they were joint owners (with a joint deed) and legitimately participated in the Private Sale. The Private Sale was part of Martinson’s fraud upon the court to steal Carrie H. Matthews’s land. This 70-year-old Black woman was the owner of the 22- acre homestead with her children.
The unanimous admission happened because of a failed title fraud by Martinson and then Circuit Clerk Billy Harbin; Appraiser Bill Boswell; Carrie’s first attorney, Gwen Harris; and Judge Dwight E. Fay, Jr., who initially ruled on the Private Sale. Each person knew no joint deed existed. However, to be eligible to participate in a Private Sale, Alabama law requires the joint deed naming the parties in the Private Sale.
Carrie’s new attorney, John Taylor filed a motion claiming fraud upon the Court asking Judge Fay and the others to produce a copy of Marzie Patton’s joint deed. Judge Fay recused–he had no evidence of Marzie Patton’s joint deed.
The Supreme Court appointed Judge Pride Tompkins to review Carrie’s claim that the Appraisal report submitted to Judge Fay lacked the correct joint deed to establish subject matter jurisdiction. Judge Tompkins agreed with Carrie Matthews and held that Judge Fay lacked subject matter jurisdiction. The Alabama Court of Civil Appeals agreed there was no jurisdiction and affirmed Judge Tompkins without opinion and without remanding the case.