Statutes > Idaho Statutes > TITLE 45 LIENS, MORTGAGES AND PLEDGES > CHAPTER 9 MORTGAGES IN GENERAL > 45-905 DEFEASANCE MAY BE SHOWN BY PAROL.

45-905 DEFEASANCE MAY BE SHOWN BY PAROL.

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.