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.

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