Section 1024. Damages apportioned between heir and alienee

Where a widow
  recovers dower in real property aliened by the heir of her husband,  she
  may  recover,  in  a  separate  action  against  him,  her  damages  for
  withholding her dower, from the time of the death of her husband to  the
  time  of  the  alienation, not exceeding six years in the whole. The sum
  recovered from him must  be  deducted  from  the  sum  which  she  would
  otherwise be entitled to recover from the grantee; and any sum recovered
  as  damages  from  the grantee, must be deducted from the sum, which she
  would otherwise be entitled to recover from the heir.