Malarkey v. Ballard

This is an appeal from a decree which dismissed a bill of review by the appellant, Malarkey, against the appellee. The antecedent facts which we regard as material may be thus stated:

In 1916, one Carl Barckhoff, who operated an organ factory at Basic City, Virginia, was adjudicated a bankrupt. His assets, clearly indicated and described by an inventory, were sold and bought by Ballard, the appellee, from the trustee. Thereafter the chattels thus bought, consisting of machinery, lumber, two horses, buggy, materials, supplies and some finished musical instruments, itemized in such inventory,…