§ 651. Expiration of plaintiff's title before trial. If the right or
title of the plaintiff expires after the commencement of the action but
before the trial, and he would have been entitled to recover but for the
expiration, the verdict, report or decision shall be rendered according
to the fact; and the plaintiff is entitled nevertheless to judgment for
his damages for the withholding of the property to the time when his
right or title so expired.