¶1dissenting.
¶2As I view the contract between the parties, it amounted to a license to York to erect one-half of the wall in question upon the lot of Hickel and Pitzele, with a privilege to the latter to use and own the same jointly with York upon paying one-half its value at the time when it should be desired by them to use it, and my opinion is that until such time as it should be valued and paid for, the title to the whole wall remained in York.