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This section contains the nature of the case and procedural background.

Bennis (D) was a joint owner of a car with her husband. H used the car to engage in sexual activity with a prostitute. D defended against the abatement of her interest on the ground that she had entrusted the car to H and did not know that it would be used for an illegal purpose. A Michigan court ordered the car forfeited with no offset to D notwithstanding her lack of knowledge of the activity. The trial judge also mentioned his authority to order the payment of 1/2 of the sale proceeds but did not do so because the car was an 11-year-old sedan recently purchased for $600. D appealed.

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