Lewis v. Wolfe

413 S.W.2d 314, 1967 Mo. App. LEXIS 804
CourtMissouri Court of Appeals
DecidedJanuary 11, 1967
Docket8538
StatusPublished
Cited by4 cases

This text of 413 S.W.2d 314 (Lewis v. Wolfe) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Wolfe, 413 S.W.2d 314, 1967 Mo. App. LEXIS 804 (Mo. Ct. App. 1967).

Opinion

HOGAN, Judge.

This is an interpleader action brought to determine who is entitled to surplus funds realized from the sale of church property under the power of sale in a statutory deed of trust. Section 443.410, RSMo 1959, V.A.M.S. Mr. Lewis, as successor trustee, brought the action, but he is merely a stakeholder; the adversaries in the case are the two groups of interpleaded defendants, each of which claims the right to the funds.

At the beginning of the time involved here, the Pentecostal Tabernacle was a small congregational church, meeting in rented quarters. The church was entirely self-governing and had no constitution or by-laws. Over a period of years, part of the church offerings were set aside as a building fund, and finally the congregation undertook to build a church of its own, but found it necessary to obtain a loan for that purpose. In order to secure the loan, it was necessary to vest the title to the real estate in trustees, and in September 1963, defendants Guy Wolfe, Ernest Lafferty and Matthew Sims were elected trustees for that purpose by the congregation. The record indicates that payments on the building loan were regularly made from February 20, 1964, through August 19, 1964, in sums sufficient to keep “the payments current to December 25, 1964.

Some sort of dispute arose between two of the trustees, Wolfe and Lafferty, and Mrs. Fausett, the pastor of the church, in the summer and early fall of 1964. Whether or not this was a personal or doctrinal dispute is not entirely clear, but in any event factions developed and the trustees found it impossible to work in harmony. In the fall of 1964, defendants Wolfe and Lafferty attempted to secure the adoption of by-laws, which, as we read them, would incidentally have disqualified Mrs. Fausett as pastor, but the congregation rejected *317 them. After this, depending upon whose view one takes, one faction or the other left the church and no further payment was made on the loan. Matters drifted until October 1964, when Mrs. Fausett and Mr. Sims, perhaps with the assent of the congregation, called a special meeting to discuss and consider affiliation with the Church of God, a national church group.

On October 10, 1964, pursuant to notice given by Mrs. Fausett, the congregation assembled; officials of the Church of God presented that organization’s denominational teachings and government, and offered the assembly the opportunity to affiliate. The congregation unanimously voted to do so. During the course of the meeting, the congregation declared all the church offices vacant and elected new officers. Defendants Matthew Sims (one of the original trustees), Clarence Fausett and Ernest Yates were elected as successor trustees. Records offered by defendants Wolfe and Lafferty indicate that they and their associates subsequently met and rented quarters in which to conduct worship services, and that in March 1965, the Wolfe-Lafferty group appointed a Mr. Carpenter to replace Mr. Sims. There was evidence on the part of defendants Wolfe and Lafferty that, at trial time, a congregation was meeting regularly in the rented quarters as the Pentecostal Tabernacle Church, and that a number of members of the congregation are people who formerly belonged to the other church prior to its affiliation with the Church of God. Each group, as we have noted, claims to be the lawful successor to the original set of trustees.

The trial court found, among other things, that the present Church of God organization is the lawful successor to the original Pentecostal Tabernacle, and ordered the surplus funds paid to defendants Sims, Fausett and Yates, as trustees for the Church of God. The appellants — that is, defendants Wolfe and Lafferty — have assigned error to this judgment in two principal respects. First, they maintain that they were not given proper notice of the meeting at which the congregation voted to affiliate with the Church of God, and therefore the action taken at that time was not binding as to them; further, they claim that in affiliating with the Church of God the Sims-Fausett faction departed from the faith, doctrine and established practices of the Pentecostal Tabernacle, and that they, as a faithful minority, are entitled to receive the proceeds remaining after foreclosure.

In dealing with the merits of the case, we must put it in proper perspective. Though many of the witnesses’ answers are monosyllabic responses to long, pointed and suggestive questions by counsel, and much of the testimony is made up of con-clusory statements, the result, fundamentally, represents a choice between conflicting versions of the facts. As the appellants point out, Rule 73.01(d), V.A.M.R., requires us to consider the case de novo upon both the law and the evidence, and we are not required, either by the constitution or by statute, to defer to the trial court’s judgment if, upon consideration of the whole record, we find it to be clearly erroneous. Cross v. Gimlin, Mo., 256 S.W. 2d 812, 813[2, 3]; Redden v. Boehmer, Mo.App., 223 S.W.2d 127, 129[1, 2], At the same time, where the evidence is conflicting and close, and particularly when the decision depends upon conflicting oral testimony and the credibility of witnesses, the appellate court should generally defer to the findings of the trial court unless it is satisfied they should have been otherwise. Leggett v. Missouri State Life Ins. Co., Mo., 342 S.W.2d 833, 850[2]; In re Petersen’s Estate, Mo., 295 S.W.2d 144, 148[3]. We may also again point out that we are not particularly concerned with the reasons assigned by the trial court, so long as the correct result was reached. Edgar v. Fitzpatrick, Mo., 377 S.W.2d 314, 318[12]; Producers Produce Co. v. Industrial Commission, 365 Mo. 996, 1004, 291 S.W.2d 166, 170[1].

*318 The appellants’ contention that they received insufficient notice of the meeting at which affiliation was voted is based in part upon the assumption that the set of by-laws which Mr. Wolfe and Mr. Lafferty proposed were actually adopted. We think this assumption is unwarranted. When the proposed by-laws were presented to the assembled congregation on August 24, 1964, they were rejected. It is true that on August 29, 1964, Mr. Wolfe and Mr. Lafferty met with the church secretary-treasurer and a Mr. Keck, and that the minutes of that meeting recite that “ * * the By-laws were voted in by two members of the trustee board, Guy Wolfe and Ernest Lafferty.” But in our view, it was beyond the authority of the trustees to bind the congregation in such manner, even had they voted unanimously to do so. Generally speaking, an officer or director of a religious society has powers analogous to those exercised by the managing directors of private corporations, Coates v. Parchman, Mo.App., 334 S.W.2d 417, 423[4], but the power to adopt by-laws resides in the membership, and not in the trustees, unless the charter or constitution of the church provides to the contrary. Klix v. Polish Roman Catholic St. Stanislaus Parish, 137 Mo.App. 347, 358, 118 S.W. 1171, 1174.

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Bluebook (online)
413 S.W.2d 314, 1967 Mo. App. LEXIS 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-wolfe-moctapp-1967.