§37-7-5. Waste pending suit.
If the tenant in possession of any land shall, pending any
suit to recover or charge such land, with knowledge of such suit,
commit any waste thereon, the court, in which the suit is, may
command the sheriff or other officer to take possession of the
land; and, if the plaintiff succeed in recovering or charging the
land, he may recover, in an action on the case against him who
committed the waste, three times the amount of damages assessed