Kawauchi v. Tabata

*191DISSENTING OPINION OF

WIRTZ, J.

I find myself unable to agree with the conclusion reached by the majority of the court “that the true nature of the transaction was a loan, and that the finding to the contrary was ‘clearly erroneous’ and reversible under H.R.C.P., Rule 52(a) for the reasons” set forth in the opinion of the court.

By their petition plaintiffs sought to reform the deed and lease with option to repurchase into a mortgage. While such a transaction may be declared to be a security agreement there is a strong presumption that a duly executed, notarized and recorded deed and lease…