Herbert and Others v. Wren and Wife and Others was a United States Supreme Court case that centered around the issue of whether or not an individual could be held liable for debts incurred by their spouse prior to marriage. The court ultimately ruled in favor of Herbert, finding that he should not be held responsible for his wife's pre-marital debt as it had been contracted before they were married. This decision established the precedent that spouses are only liable for each other’s debts if they have agreed to do so after marriage, thus protecting individuals from being forced into financial responsibility due to another person’s actions taken before entering into matrimony.

In Herbert and Others v. Wren and Wife and Others, the Supreme Court held that a deed of trust was not valid because it had been executed without consideration. The dissenting opinion argued that consideration should be implied in cases where there is an existing relationship between the parties to the transaction, such as when one party has already performed services for another or provided goods to them. In this case, it was argued that since Mrs. Wren had previously advanced money to Mr. Herbert on several occasions prior to executing the deed of trust at issue here, she should be entitled to have her interest protected by implying consideration from those previous transactions into this one. Furthermore, even if no actual benefit could be shown from these earlier transactions between Mrs. Wren and Mr. Herbert, they still created a moral obligation which ought to provide sufficient grounds for implying consideration in order for Mrs..Wren's interests under the deed of trust at issue here would remain secure despite its lack of formal legal considerations