Powell v. Patison
100 Cal. 234 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that a judgment refusing to foreclose on a deed of trust must be reversed when the trial court fails to make a finding on the quintessential factual issue of whether the instrument was intended to operate as a mortgage, particularly where the instrument itself is not part of the appellate record and prevents the reviewing court from making that determination independently.