If there be no husband or wife surviving, and no issue, the homestead shall be liable to be sold for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead.

Source: SL 1874-5, ch 37, § 17; PolC 1877, ch 38, § 17; CL 1887, § 2465; RPolC 1903, § 3233; RC 1919, § 468; SDC 1939, § 51.1717.