Nesbitt Memorial Library Journal, Volume 6, Number 3, September, 1996 Page: 122
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Nesbitt Memorial Library Journal
Zimmerscheidt did neither, and on September 16, 1846, Hennings filed suit. Zimmer-
scheidt responded by charging that Hennings had been present when he made his contract
with Welchmeyer, and had conspired with Welchmeyer to defraud him. Neither man, he
claimed, had explained to him the terms of the bond, which was in English and thus
indecipherable to him; and therefore he did not understand that by signing the bond he was
acknowledging that he had received the consideration the bond required from Hennings,
$750, which had been neither offered nor conveyed. On October 19, 1849, after
considerable legal manuevering, the court dismissed Hennings' suit. The following day,
they overruled his motion to set aside their judgment."
Both Kesler and Hennings appealed their cases to the state supreme court.
Kesler's case was heard in December 1846; Hennings' in December 1849. Both men won
reversals. In 1848, Kesler filed suit against Zimmerscheidt to get him to honor his second
bond. Zimmerscheidt responded by taking up his case against Kesler to invalidate the first
bond for the third time. This time, however, he lost. The judgment came down against him
on October 29, 1850, and he was compelled to convey 250 acres to Kesler. The following
year, the court heard Kesler's suit against Zimmerscheidt. On November 3, 1851, they
awarded Kesler the additional 250 acres he sought and stipulated that he must pay
Zimmerscheidt $74, which was the value in United States currency that they set on the 400
Texas dollars he owed. Three days later, Zimmerscheidt took another defeat. Hennings had
reopened his suit, and on November 6, he too was awarded 250 acres of Zimmerscheidt's
Even as Elizabeth Pieper, her husband, Peter, and Zimmerscheidt were over-
coming their various legal problems, they were selling small farms to fellow German-
speaking immigrants. Pieper, sold farms to Balthasar Meismer and Henry Jansson in 1845,
to Christopher Muller in 1846, to Adolph Rohde in 1847, and to Ernst Konig in 1848. Also
in 1848, he and his wife set up their son-in-law, Anton Neuendorff, with a farm in the
Caspar Simon Survey, and sold another to Francis Henneke. Zimmerscheidt sold land to
Georg Brune in 1844, and to Henry Herder and Jtirgen Stallman in 1847. In 1848, the Zim-
merscheidts, like the Piepers, provided their son-in-law, Johann Leyendecker, with a farm.
The same year, Johann Frederick Oetkin, Louis August Brune, John G. Fehrenkamp,
11 Colorado County Deed Records, Book B, p. 31; Colorado County Bond and Mortgage Records,
Book B, pp. 15, 31; Colorado County District Court Records, Civil Cause File No. 450: John Hennings v.
Friedrich A. Zimmerscheidt, Minute Book C, pp. 731, 741, 745, 759, 760.
12 James Webb and Thomas H. Duval, Reports of Cases Argued and Decided in the Supreme Court
of the State of Texas [Texas Reports], vol. 1 (Galveston, 1848), pp. 50-57; Oliver C. Hartley, Reports of Cases
Argued and Decided in the Supreme Court of the State of Texas [Texas Reports], vol. 4 (Galveston, 1852), pp.
159-169; Colorado County District Court Records, Civil Cause File No. 223: Friedrich A. Zimmerscheidt v.
Charles Kesler, Civil Cause File No. 450: John Hennings v. Friedrich A. Zimmerscheidt, Civil Cause File No.
521: Charles Kesler v. Friedrich A. Zimmerscheidt, Minute Book C, pp. 803, 852, 867; Colorado County Deed
Records, Book H, p. 29. Hennings' name is spelled "Hemming" in the account of the supreme court case.
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Nesbitt Memorial Library. Nesbitt Memorial Library Journal, Volume 6, Number 3, September, 1996, periodical, September 1996; Columbus, Texas. (texashistory.unt.edu/ark:/67531/metapth151398/m1/10/?q=nesbitt%20memorial%20library%20journal: accessed June 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Nesbitt Memorial Library.