Section 1021. Damages may be recovered; how estimated

Where a widow
  recovers, in an action therefor, dower in property, of which her husband
  died seized, she may also recover,  in  the  same  action,  damages  for
  withholding her dower, to the amount of one-third of the annual value of
  the  mesne profits of the property, with interest; to be computed, where
  the action is against the heir, from her husband's death, or,  where  it
  is  against  any other person, from the time when she demanded her dower
  of the defendant; and in each  case,  to  the  time  of  the  trial,  or
  application  for  judgment,  as  the  case may be; but not exceeding six
  years in the whole. The damages shall not include any thing for the  use
  of permanent improvements, made after the death of the husband.