Hayworth v. Worthington

Assumpsit; plea, general issue; verdict and judgment for the plaintiffs below.

On the trial of the cause, the plaintiffs gave in evidence to the jury an instrument of writing executed by one James Hayworth, acknowledging an absolute sale by him of a quantity of bacon to the plaintiffs. The defendant, who claimed the same bacon under a subsequent purchase from James Hayworth, offered to prove by parol the instrument, a bill of sale, under which, the plaintiffs claimed, though absolute upon its face, was designed by the parties to it to be only a mortgage to secure a debt which Hayworth owed to…