Russ v. Russ

WOOD (Fred B.), J.

The interlocutory decree, awarding plaintiff a divorce, allotted defendant certain real property known as the El Granada property. Plaintiff appealed, claiming the record demonstrated that this was her separate property.

Because there was no finding as to the character of this property (whether community or separate) and the evidence would support a finding either way, the reviewing court reversed that portion of the judgment with directions to the trial court “to amend, modify and clarify the findings, with leave to the trial court to take further evidence if in its…