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.
Structure Code of Alabama
Chapter 21 - Evidence and Witnesses.
Article 1 - General Provisions.
Section 12-21-160 - Expert Witnesses.
Section 12-21-161 - Testimony of Attorney, etc., for or Against Client.
Section 12-21-162 - Witness Convicted of Crime.
Section 12-21-163 - Witness Having Interest.
Section 12-21-164 - Deceased Borrower's Representative as Usury Witness.
Section 12-21-165 - Incompetent Witnesses.
Section 12-21-166 - Confidentiality of Communications With Clergymen.