Variance in action to recover personal property

Where the plaintiff in an action to recover the possession of personal property on a claim of being the owner thereof, shall fail to establish on trial such ownership, but shall prove that he or she is entitled to the possession thereof, by virtue of a special property therein, he or she shall not thereby be defeated of his or her action, but shall be permitted to amend, on reasonable terms his or her complaint, and be entitled to judgment according to the proof in the case.