Opinion
January, 1933.
Appeal from County Court of Erie County.
MEMORANDUM. Defendants, husband and wife, owned the premises as tenants by the entirety. The improvement [installation of heating system in dwelling house] was made without the contract, order, consent or knowledge of the wife and without first filing the conditional contract. It follows that as to her it became a part of the real estate, and thus subject to the mortgage which this action was brought to foreclose. Each owner being the owner of the entire fee ( per tout), the contract of conditional sale was not effective as to the wife because of the facts above stated. (Pers. Prop. Law, § 67.) For these reasons the judgment should be affirmed, with costs. All concur. Judgment affirmed, with costs.