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DUCWORTH v. NEELY

No. 2371.

459 S.E.2d 896 (1995)

George M. DUCWORTH, Solicitor, Tenth Judicial Circuit, Respondent, v. Curtis NEELY, Mary T. Neely, a Parcel of Land, Its Buildings and Improvements Located at 1177 West Franklin Street Known as the Snack Shop, Appellants.

Court of Appeals of South Carolina.

Decided July 3, 1995.

Attorney(s) appearing for the Case

Nancy Jo Thomason, Anderson, for appellants.

David F. Stoddard, Anderson, for respondent.

CONNOR, Judge:

George M. Ducworth, solicitor for the Tenth Judicial Circuit, brought a forfeiture action against the Neelys and a store which they owned. The state seized the store following a drug raid on the premises. The Neelys asserted they were innocent owners and sought return of the property pursuant to S.C.Code Ann. § 44-53-586(b)(1) (Supp. 1994). The trial judge heard the case without a jury and rejected the Neelys' defense, holding they "should have...

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