Kerr v. Jones

Defendant appeals from a judgment in favor of plaintiff in this forcible entry and detainer (FED) action to recover possession of real property. Defendant argues that the trial court lacked authority under the FED statutes to award possession to plaintiff because defendant acquired title as a co-owner, and, therefore, defendant does not occupy the property as a tenant. We reverse.

Defendant occupies the subject property. He originally took possession of the property as a tenant in common with other persons. In 2000, some of the cotenants filed an action against defendant for partition of the…