Ejectment; plaintiff's right terminating while action pending; verdict; judgment.
In an action for the recovery of real property, where the plaintiff shows a right to recover 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 for withholding the property.
Source:R.S.1867, Code § 629, p. 505; R.S.1913, § 8242; C.S.1922, § 9195; C.S.1929, § 20-2127; R.S.1943, § 25-2127.
Right to maintain ejectment of pendente lite purchaser was terminated upon confirmation of mortgage foreclosure sale, but recovery could be made of rents and profits. Orr v. Broad, 52 Neb. 490, 72 N.W. 850 (1897).