If the right of the plaintiff expire after the commencement of the suit and before trial, the verdict shall be according to the facts, and judgment shall be entered for damages for the withholding of the premises by the defendant; and as to the premises, the judgment shall be that the defendant go hence without delay.
Code 1858, § 3248 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., § 4990; Code 1932, § 9138; T.C.A. (orig. ed.), § 23-1317.