Bremen Bank and Trust Company St. Louis v. Book Reviews

Bremen Bank and Trust Company St. Louis v. by Eastern District, Division Three Court of Appeals of Missouri Book Summary

Appellant, Bremen Bank and Trust Company of St. Louis ("Bremen"), appeals from the trial court's judgment and order which
found that a foreclosure sale was valid. The facts, although complicated, are largely undisputed. The only witnesses before
the trial court were: (1) Carl Fruend, a commercial loan officer of Bremen; and (2) Michael A. Campbell, the successor trustee
who presided over the foreclosure sale. All documentary evidence was admitted pursuant to a stipulation of the parties. Ordinarily in a court-tried case we are bound by the rule that the judgment of the trial court will be sustained unless there
is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares
or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Where the issue on appeal is not the sufficiency
of the evidence, however, we are not bound by and need not defer to the trial court's Conclusions regarding the legal effect
of its findings of fact. Southgate Bank and Trust Co. v. May, 696 S.W.2d 515, 519 (Mo. App. 1985). Moreover, where the findings
of fact are derived from the pleadings, stipulations, exhibits and depositions, or where the evidence is not controverted,
no deference is due the trial court's judgment. Id.

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