Recovery of dower obtained by default or collusion; damages

§ 19–109. Recovery of dower obtained by default or collusion; damagesIf, during the infancy of an heir of a deceased spouse, or of any other person entitled to the lands of the deceased spouse, the surviving spouse, not having a right of dower, recovers dower by the default or collusion of the guardian of the infant, the infant is not prejudiced thereby, and when he comes of full age he has a right of action against the surviving spouse to recover the lands so wrongfully awarded for dower, with damages in the discretion of the court; but, if it is established in an action brought under this section that the surviving spouse is entitled to the dower, he shall have judgment so declaring, and may, in the discretion of the court, recover damages from the heir or other person.