North Dakota Code § 32-17-11

Judgment - When right fails after action brought
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In an action for the recovery of real property, when a party shows a right to recover at the 
time when the action was commenced, but it appears that the party's right has terminated 
during the pendency of the action, the findings and judgment must be according to the facts, 
and the party may recover whatever such party may show such party is entitled to up to the time 
that the party's right terminated.

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