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.
Idaho Code § 45-905
Defeasance may be shown by parol
Applied in 1 court decision — leading case McGill v. Lester (1985)
Most recently applied in McGill v. Lester (May 1985)
R.S., § 3354; reen
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.