The  judgment  should  specify  the  duration  of  the  term  —  Olen-
dorf  V.  Cook,  1  Lans.  45 — and  the  nature  and  extent  of  plaintiff's
interest  where  it  is  the  fee  subject  to  an  easement.  Rogers  v.  Sin-
sheimer,  50  N.  Y.  646.
§  1530.  If  the  right  or  title  of  the  plaintiff,  in  an  action  specified  in  this  article,
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  de-
cision must  be  rendered  according  to  the  fact;  and  the  plaintiff  is  entitled  to
judgment  for  his  damages  for  the  withholding  of  the  property,  to  the  time  when
his  right  or  title  so  expired.
In  case  of  the  expiration  of  the  plaintiff's  title  before  verdict,  the


Action  to  Recovee  Eeal  Property  —  E.ikctmknt.         43

court  may  render  judgment  for  tlie  damages  for  withholding  the
premises  without  judgment,  for  tlie  possession.  Lang  v.  Wilbra-
hatn,  2  Duer,  171.  Where,  after  the  trial  and  before  decision  of
the  appeal,  the  right  and  title  of  the  plaintiffs  expire,  the  court
merely  affirms  the  judgment,  but  no  execution  for  the  possession
is  awarded.  Olendorf  v.  Cook,  1  Lans.  37.  No  supplemental
answer  is  necessary  to  give  a  defendant  the  benefit  of  this  provicion.
Lang  v.  Wilhraham,  supra.  The  provision  does  not  apply  to  eject-
ment for  non-payment  of  rent  where  the  plaintiff  assigns  his  in-
terest after  suit  brought.      Van  Rensselaer  v.  Owen,  48  Barb.  61.
§  1521.  The  provisions  of  title  fourth  of  chapter  eighth  of  this  act,  as  applied
to  an  action  specified  in  this  article,  are  subject  to  the  qualification  that  the
court  may,  in  its  discretion,  proceed  as  prescribed  either  in  that  title  or  in  the
next  two  sections.
