Section 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.