AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(E), Ala. R.App.P.; Boykin v. Drake, 699 So.2d 233 (Ala.Civ.App. 1997); and Legal Systems, Inc. v. Hoover, 619 So.2d 930 (Ala.Civ.App. 1993).

The Supreme Court of Alabama transferred the appeal to this court, pursuant to § 12-2-7, Ala.Code 1975.

dissenting.

I dissent. Jones Ferrell did not redeem the property merely by making a tender of the redemption price plus 10% interest. Ross’s refusal to accept Ferrell’s tender merely excused the requirement of tender contained in § 6-5-253, Ala.Code 1975, a condition precedent to the statutory right of redemption. See Hudson v. Morton, 231 Ala. 392, 165 So. 227 (1936). Ferrell was still required to file a complaint to redeem the property and to do so within one year of the sheriffs sale. See § 6-5-248, Ala.Code 1975. He did not do so. Accordingly, Ross still has an interest in the property.