25-10,103. Verdict for defendant; further findings required; damages.

In all cases, when the property has been delivered to the plaintiff, where the jury shall find upon issue joined for the defendant, they shall also find whether the defendant had the right of property or the right of possession only, at the commencement of the suit; and if they find either in his favor, they shall assess such damages as they think right and proper for the defendant; for which with costs of suit, the court shall render judgment for the defendant.

Source:R.S.1867, Code § 191, p. 423; R.S.1913, § 7832; C.S.1922, § 8776; C.S.1929, § 20-10,103; R.S.1943, § 25-10,103.