Hiskett v. Wells

WILLIAMS, Vice Chief Justice

(dissenting) .

The majority opinion, in paragraph 2 of the syllabus, states, “The above provision (32 O.S.19S1 § 83) constitutes a substantive statute of limitations rather than a remedial statute and a condition which bars all proceedings or actions to recover community property.”

The distinction between these limitations is well established, and may be stated as in 34 Am.Jur. Limitation of Actions § 7 (page 16):

“A statute of limitations should be differentiated from conditions which are annexed to a right of action created by statute. A statute which in itself…