21-14-4. Plaintiff's right to recover real property terminated while action pending--Damages for withholding.
In an action for the recovery of real property, where the plaintiff shows a right to recovery at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.
Source: CCivP 1877, §640; CL 1887, §5454; RCCivP 1903, §680; RC 1919, §2856; SDC 1939 & Supp 1960, §37.1515.