Section 42-4-9 - Rents and profits recoverable as damagesIf the plaintiff prevail, he shall recover for damages the value of the rents and profits of such premises to the time of the verdict or the expiration of the plaintiff's title, under these limitations:
A. if the defendant had knowledge of the plaintiff's claim or title, then for the whole time he had such knowledge; B. if he had no such knowledge, then from the commencement of the action. C.L. 1897, § 2685 (257), added by Laws 1907, ch. 107, § 1 (257); Code 1915, § 4367; C.S. 1929, § 105-1808; 1941 Comp., § 25-809; 1953 Comp., § 22-8-9.