§1‑343. Improvements to balance rents.
If the sum estimated for theimprovements exceeds the damages estimated against the defendant as aforesaid,the jury shall then estimate against him for any time before the said threeyears the rents and profits accrued against or damages for waste or otherinjury done by him, or those under whom he claims, so far as is necessary tobalance his claim for improvements; but the defendant in such case shall not beliable for the excess, if any, of such rents, profits, or damages beyond thevalue of improvements. (1871‑2, c. 147, s. 5; Code, s. 477; Rev., s.656; C.S., s. 702.)