2020 Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Chapter 9 - MORTGAGES IN GENERAL
Section 45-905 - DEFEASANCE MAY BE SHOWN BY PAROL.

Universal Citation: ID Code § 45-905 (2020)

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.

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.]

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