If the assignee of the estate of either of the tenants commits waste, the assignee shall be liable to an action of waste. If, notwithstanding assignment, the tenant remains in possession and commits waste, the tenant shall be liable to an action of waste in the same manner as if no assignment were made.

Code 1852, § ?1757; Code 1915, § ?3324; Code 1935, § ?3789; 25 Del. C. 1953, § ?902; 70 Del. Laws, c. 186, § ?1;