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This entry was published on 2014-09-22
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SECTION 1021
Damages may be recovered; how estimated
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10
§ 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.