Super Pleadings

Originally published by David Coale.

In several situations, Texas procedure gives pleadings evidentiary effect instead of treating them only as a means of notice; a basic one is illustrated by the FED dispute in Trans Am SFE II LLC v. Young: “To prove its case, Trans Am needed to show (1) a trustee’s deed or substitute trustee’s deed from the foreclosure sale demonstrating it purchased the property at the foreclosure sale, (2) that appellees would become tenants at sufferance following the foreclosure sale if they did not vacate, and (3) notice to vacate informing appellees of their tenant at sufferance position and the need to vacate the property. Each of these elements was alleged in Trans Am’s petition thereby conferring jurisdiction on the justice court and the county court at law to hear the case.” (citations omitted). Accordingly, the plaintiff did not have to substantiate these allegations with evidence unless the defendant first brought forward evidence to contradict them. No. 05-17-00394-CV (Apr. 6, 2018) (mem. op.)

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