Idaho Code

Idaho Code § 45-905 (2026)

Defeasance may be shown by parol.

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 6 cases, 1966–2006 · leading case: Hogg v. Wolske, 130 P.3d 1087 (Idaho 2006).

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Hogg v. Wolske, 130 P.3d 1087 (Idaho 2006). · cites it 2× “2d 143, 149 (1968); I.C. § 45-905. “A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.”

McGill v. Lester, 700 P.2d 964 (Idaho Ct. App. 1985). · cites it 4× “[1] Idaho Code § 45-905 provides as follows: 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…”

Gem-Valley Ranches, Inc. v. Small, 411 P.2d 943 (Idaho 1966). · cites it 4× “In this state parol evidence is admissible to prove that a conveyance of land, absolute in form, is a mortgage. “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…”

Kreiensieck v. Cook, 701 P.2d 277 (Idaho Ct. App. 1985). · cites it 4× “It has long been established in Idaho that parol evidence is admissible to prove that a conveyance of land, absolute in form, actually is less than absolute. The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to…”

In Re Gould, 78 B.R. 590 (D. Idaho 1987). · cites it 3× “The McGill court found authority for its position that extrinsic evidence could be introduced to establish via the above five factors that the option in question was actually additional security for a debt under Idaho Code 45-905. Id. at 967 , 108 Idaho at 564.”

Credit Bureau of Preston v. Sleight, 440 P.2d 143 (Idaho 1968). · cites it 2× “While parol evidence is admissible for the purpose of showing that a conveyance of land, absolute in form, is a mortgage (I.C. § 45-905; Gem-Valley Ranches, Inc. v.”

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