Spence v. Frantz

Stevens, J.(1) The first question presented is whether the contract required the plaintiffs to pay for the land in the public highway at the rate of $850 an acre. The determination of this question depends upon the intent of the parties as expressed in their contract when that is viewed in the light of the established rules of law with reference tb which they must be held to have contracted.

It has long been the established law in Wisconsin that the abutting owner has title to the center of the highway or street adjacent to his property, subject to the public easément. It is equally clear that…