Idaho Code § 45-905: Defeasance may be shown by parol.
Where this section sits in the code
- TITLE 45 LIENS, MORTGAGES AND PLEDGES
- CHAPTER 9 MORTGAGES IN GENERAL
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.
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