Idaho Statutes
§ 45-905 — DEFEASANCE MAY BE SHOWN BY PAROL
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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Idaho § 45-905 (DEFEASANCE MAY BE SHOWN BY PAROL) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
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130 P.3d 1087 (Idaho Supreme Court, 2006)
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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 VOID