45-905 DEFEASANCE MAY BE SHOWN BY PAROL. - Idaho Statutes

State Codes and Statutes

Statutes > Idaho > Title45 > T45ch9 > T45ch9sect45-905

TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 9

MORTGAGES IN GENERAL

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.

State Codes and Statutes

Statutes > Idaho > Title45 > T45ch9 > T45ch9sect45-905

TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 9

MORTGAGES IN GENERAL

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.

State Codes and Statutes

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State Codes and Statutes

Statutes > Idaho > Title45 > T45ch9 > T45ch9sect45-905

TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 9

MORTGAGES IN GENERAL

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.