Spencer v. West Alabama Properties, Inc.

JONES, Justice.

Beverly Spencer, the defendant below, appeals from a judgment for the plaintiff in an action for redemption of property. Because we hold that the check, tendered within the one-year statutory redemption period, constituted “payment,” even though the check was “honored” by the drawee bank two days after the redemption period expired, we affirm.

The facts of this case are undisputed. On October 29, 1985, West Alabama Properties, Inc. (“West Alabama”), purchased the land in question from James P. Campbell for $40,000. West Alabama paid Campbell $10,000 and executed a promissory…