Gardner v. Kirven, No. 13898.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtW. C. COTHRAN
Citation175 S.E. 637
PartiesGARDNER. v. KIRVEN et al. BLACKMON. v. KIRVEN.
Decision Date03 August 1934
Docket NumberNo. 13898.

175 S.E. 637

GARDNER.
v.
KIRVEN et al.
BLACKMON.

v.
KIRVEN.

No. 13898.

Supreme Court of South Carolina.

Aug. 3, 1934.


[175 S.E. 638]

Appeal from Common Pleas Circuit Court of Darlington County; E. C. Dennis, Judge.

Suit by C. E. Gardner, receiver of John K. Kirven, against the latter and Emmie B. Kirven, to set aside a conveyance of realty, made by the first named to the last named defendant after commencement of an action by Idella Blackmon, a minor, by her guardian ad litem, J. Oscar Blackmon, against John K. Kirven. From a judgment overruling defendant Emmie B. Kirven's demurrer to the complaint, she appeals.

Affirmed.

See, also, 170 S. C. 190, 170 S. E. 157.

Samuel Want and Melvin Hyman, both of Darlington, for appellant.

L. M. Lawson, of Darlington, and D. W. Robinson, of Columbia, for respondent.

W. C. COTHRAN, Acting Associate Justice.

In a civil action brought by Idella Blackmon, a minor, by her guardian ad litem against John K. Kirven, the jury rendered a verdict for the plaintiff, and judgment thereon was duly entered. Upon the judgment an execution was issued, and the sheriff, being unable to find any property of the defendant to satisfy the judgment, filed a nulla bona return. Kirven was thereupon brought before the court to be examined in supplementary proceedings, and in this proceeding C. E. Gardner was regularly appointed receiver. The examination of Kirven evidently disclosed that he had conveyed certain property in a manner which would bear investigation, for the order appointing the receiver provided: "The said Receiver is authorized to take any and all necessary steps and proceedings, by litigation which he may deem necessary and proper for the purpose of recovering the title and possession of any property of the said John K. Kirven, including any property and assets of said John K. Kirven which may have been conveyed away by him unlawfully and/or in fraud of his creditors."

From this order there was no appeal.

Thereupon the receiver brought suit against John K. Kirven and his daughter, Emmie B. Kirven, alleging that, after the commencement of the suit of Blackmon v. Kirven, the defendant, John K. Kirven, conveyed and assigned to his daughter, Emmie B. Kirven, certain valuable real estate and certain bonds, mortgages, and choses in action with intent to hinder, delay, and defraud his creditors. A second cause of action in the complaint alleged the conveyance and assignment aforesaid to be a general assignment of all of Kirven's...

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2 practice notes
  • Gardner v. Kirven, No. 14486.
    • United States
    • United States State Supreme Court of South Carolina
    • May 18, 1937
    ...were filed thereto, and the demurrers were overruled on March 8, 1934, which orders were affirmed on appeal August 3, 1934. 173 S.C. 302, 175 S.E. 637. During these proceedings a motion was made by C. E. Gardner, as receiver, in the District Court of the United States for the Eastern Distri......
  • Blackmon v. Kirven, No. 13903.
    • United States
    • United States State Supreme Court of South Carolina
    • September 7, 1934
    ...to jail until he paid the judgment and from an order settling the case for appeal, the defendant appeals. Affirmed. See, also, (S. C.) 175 S. E. 637. The order ordered to be incorporated in report follows: Order This is an application to me upon due notice for an order for execution against......
2 cases
  • Gardner v. Kirven, No. 14486.
    • United States
    • United States State Supreme Court of South Carolina
    • May 18, 1937
    ...were filed thereto, and the demurrers were overruled on March 8, 1934, which orders were affirmed on appeal August 3, 1934. 173 S.C. 302, 175 S.E. 637. During these proceedings a motion was made by C. E. Gardner, as receiver, in the District Court of the United States for the Eastern Distri......
  • Blackmon v. Kirven, No. 13903.
    • United States
    • United States State Supreme Court of South Carolina
    • September 7, 1934
    ...to jail until he paid the judgment and from an order settling the case for appeal, the defendant appeals. Affirmed. See, also, (S. C.) 175 S. E. 637. The order ordered to be incorporated in report follows: Order This is an application to me upon due notice for an order for execution against......

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