Jolly v. Knopf

I concur; however, I write to make two observations. First, the Court must engraft a bidding procedure into the statute in order to make the application of Code 1975, § 35-6-100 (1984 Supp.), constitutional.

Section 35-6-100 was intended to preserve family estates by preventing title from passing to a stranger, Ragland v. Walker,387 So.2d 184 (Ala. 1980); however, the statute's applicability cannot be limited solely to family situations because the statute applies to any property held by "joint owners ortenants in common." Scott Paper Co. v. Griffin, 409 So.2d 1375,1381 (Ala. 1982).

This new…