Alabama Statutes

§ 12-21-164 — Deceased Borrower’s Representative as Usury Witness

Alabama § 12-21-164

JurisdictionAlabama

Title 12Courts

Ch. 21Evidence and Witnesses

Art. 1General Provisions

Div. 2Witnesses

This text of Alabama § 12-21-164 (Deceased Borrower’s Representative as Usury Witness) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-21-164 (2026).

Text

When the borrower is dead and usury is relied on as a defense, the representative of the borrower, having given 10 days’ notice to the plaintiff, or his attorney of his intention so to do, is a competent witness to prove the usury by swearing that he believes the contract to be usurious, if the plaintiff was the lender, unless the plaintiff denies on oath, in open court, the truth of the facts proposed to be sworn to by the defendant.

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When the borrower is dead and usury is relied on as a defense, the representative of the borrower, having given 10 days’ notice to the plaintiff, or his attorney of his intention so to do, is a competent witness to prove the usury by swearing that he believes the contract to be usurious, if the plaintiff was the lender, unless the plaintiff denies on oath, in open court, the truth of the facts proposed to be sworn to by the defendant.

Legislative History

(Code 1852, §2317; Code 1867, §2715; Code 1876, §3059; Code 1886, §2767; Code 1896, §1798; Code 1907, §4015; Code1923, §7729; Code 1940, T. 7, §441.)

Nearby Sections

15

§ 12-1-1

Effect of Rules of Supreme Court of Alabama

§ 12-1-10

Punishment by Courts for Contempt

§ 12-1-11

Appeal to Appellate Court by Attorney or Officer from Judgment of Contempt

§ 12-1-12

Grounds for Disqualification of Judges from Trial of Cases Generally

§ 12-1-13

Grounds for Disqualification of Justices of Supreme Court and Judges of Courts of Appeals from Participation in Decision of Cases

§ 12-1-14

Appointment, Powers, Compensation, Etc., of Special Judges for Circuit, District, or Probate Court

§ 12-1-14.1

Appointment of Special Judge Upon Request; Temporary Service

§ 12-1-14.2

Senior Judge Status

§ 12-1-15

Benefits to Which Judges, Officers, Employees, Etc., of Judicial Branch of Government Entitled; Uniformity of Treatment as to Benefits, Etc., of Supernumerary Justices and Judges and Retired Justices and Judges; Failure by Justice or Judge to Apply for Supernumerary or Retirement Benefits at Time of Leaving Active State Service Not to Forfeit Entitlement to Rights

§ 12-1-16

Voluntary Diminution of Compensation, Benefits, Etc., by Judges, Officers, Employees, Etc., of Judicial Branch of Government

§ 12-1-17

Reimbursement of Travel Expenses of Judges, Officers, Etc., of Appellate Courts Attending Judicial Colleges, Seminars, Etc

§ 12-1-18

Reimbursement of Travel Expenses of Circuit Judges, District Court Judges, Municipal Judges, Court-Supportive Personnel, Etc.; Effect of Failure to Attend Educational Conference, Seminar, Etc., When Attendance Ordered

§ 12-1-19

Monthly Reports of Clerks of Circuit, District and Municipal Courts as to Fines, Fees, Etc., Collected

§ 12-1-2

Vesting of Judicial Power of State Generally

§ 12-1-20

Appellate Courts, Administrative Office of Courts and Department of Court Management Authorized to Contract with Counties, Municipalities, Etc., for Offices and Other Physical Facilities for Courts

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Bluebook (online)

Alabama § 12-21-164, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/12-21-164.