Whelpley v. Stoughton

The principal legal question in this case is whether a married- woman’s note is supported by a sufficient consideration to make it binding upon her separate property where it is given for the surrender of, and to prevent the payee from attempting to collect, a note of the same amount against the husband, by attacking the validity of the transfer by said husband to the wife of all his property, including a farm worth about $8,000, upon the claim that such transfer was voluntary and in fraud of his creditors. Many decisions of this court support the proposition that the executory contract of a…