Idaho Statutes
§ 45-905 — DEFEASANCE MAY BE SHOWN BY PAROL
Idaho § 45-905
This text of Idaho § 45-905 (DEFEASANCE MAY BE SHOWN BY PAROL) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 45-905 (2026).
Text
The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a trustee under any trust deed or transfer in trust, or a subsequent purchaser or encumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.
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Related
Hogg v. Wolske
130 P.3d 1087 (Idaho Supreme Court, 2006)
Gem-Valley Ranches, Inc. v. Small
411 P.2d 943 (Idaho Supreme Court, 1966)
McGill v. Lester
700 P.2d 964 (Idaho Court of Appeals, 1985)
Credit Bureau of Preston v. Sleight
440 P.2d 143 (Idaho Supreme Court, 1968)
Kreiensieck v. Cook
701 P.2d 277 (Idaho Court of Appeals, 1985)
Legislative History
[(45-905) R.S., sec. 3354; reen. R.C. & C.L., sec. 3392; C.S., sec. 6359; I.C.A., sec. 44-805; am. 1957, ch. 181, sec. 19, p. 345.]
Nearby Sections
15
§ 45-1001
WHAT MAY BE MORTGAGED§ 45-1003
ACKNOWLEDGMENT AND RECORDATION§ 45-1004
RECORDING MASTER FORMS — INCORPORATION OF PROVISIONS INTO MORTGAGES BY REFERENCE — RECORDING FEES§ 45-101
LIENS DEFINED§ 45-102
GENERAL AND SPECIAL LIENS§ 45-103
GENERAL LIEN DEFINED§ 45-104
SPECIAL LIEN DEFINED§ 45-105
SATISFACTION OF PRIOR LIEN§ 45-107
LIEN ON FUTURE INTEREST§ 45-109
LIEN TRANSFERS NO TITLE§ 45-110
CONTRACTS FOR FORFEITURE VOIDCite This Page — Counsel Stack
Bluebook (online)
Idaho § 45-905, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/45-905.