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In the action February 1684, Aitchison against Dickson in Kelso, voce Superior and Vassal, the house in controversy being burned, the Lords found, that the dominion and property being transferred to Aitchison, in respect he was infeft, and that the keys of the house were offered, that therefore the loss and prejudice by the burning, which was accidental, must follow Aitchison the buyer, who was a proprietor of the tenement; albeit there was a part of the price not paid, there being a difference about it that was referred to certain friends to be determined, which was not determined the time of the burning.
Fol. Dic. v. 2. p. 56. Sir P. Home, MS. v. 2. No 700.
