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.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Chapter 9 - MORTGAGES IN GENERAL
Section 45-901 - MORTGAGE DEFINED.
Section 45-902 - MORTGAGE MUST BE IN WRITING.
Section 45-903 - LIEN OF MORTGAGE IS SPECIAL.
Section 45-904 - TRANSFERS DEEMED MORTGAGES.
Section 45-905 - DEFEASANCE MAY BE SHOWN BY PAROL.
Section 45-906 - EXTENT OF MORTGAGE LIEN.
Section 45-907 - SUBSEQUENT TITLE INURES TO MORTGAGEE.
Section 45-908 - POWER OF ATTORNEY TO MORTGAGE.
Section 45-909 - RECORDING ASSIGNMENT OF MORTGAGE.
Section 45-910 - RECORD OF ASSIGNMENT NOT NOTICE TO MORTGAGOR.
Section 45-911 - ASSIGNMENT OF DEBT CARRIES SECURITY.
Section 45-912 - MARGINAL DISCHARGE OF MORTGAGE.
Section 45-913 - DISCHARGE OF MORTGAGE ON CERTIFICATE.
Section 45-914 - RECORD OF DISCHARGE.
Section 45-915 - MORTGAGE — SATISFACTION — FAILURE TO RELEASE OF RECORD — PENALTY.