Idaho Statutes

§ 45-115 — RESTORATION EXTINGUISHES LIEN

Idaho·Title 45 LIENS, MORTGAGES AND PLEDGES·Ch. 1 LIENS IN GENERAL
The voluntary restoration of property to its owner by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring a title to the property, or a lien thereon, in good faith and for a good consideration.

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Related

Twin Falls County v. Coates
80 P.3d 1043 (Idaho Supreme Court, 2003)
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AG Services of America, Inc. v. Kechter
44 P.3d 1117 (Idaho Supreme Court, 2002)
5 case citations

Legislative History

[(45-115) R.S., sec. 3339; reen. R.C. & C.L., sec. 3387; C.S., sec. 6354; I.C.A., sec. 44-115.]

Nearby Sections

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