Sun Life Assurance Co. of Canada v. Outler

(dissenting) — I am unable to concur with the prevailing opinion, either in the reasoning or result.

In the first place, I emphatically oppose overruling the Stevens case, supra, because it was correctly decided, and this manifests inconsistent vacillation in the law of this jurisdiction.

Furthermore, if this decision is right, that in Olympia Building & Loan Assn. v. McCroskey, ante p. 148, 19 P. (2d) 671, in which I did not concur, is wrong.

The record here shows that all the property belonging to Kellough was community property acquired after marriage, over all of which he was the statutory…