Court of Appeals of Oregon June 9, 2004, 02CV4211ET; A120512 (Kerr v. Jones)

*684

BREWER, J.

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.