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Vial v. Gas Solutions Ltd.

The fact that property has since been adversely possessed has no relevance to whether the appellants may assert a cause of action for fraud in connection with the 1931 well-spacing agreement. Fraud, the cause of action at issue, survives the death of the injured party under the common law. Thus, under the facts of this case, the heirs have standing to bring suit.

March 13, 2006 at 12:00 AM

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