Clements v. Warner, 65 U.S. 394 (1860)
U.S. Supreme CourtClements v. Warner, 65 U.S. 24 How. 394 394 (1860)
Clements v. Warner
65 U.S. (24 How.) 394
In 1850, Congress granted to the State of Illinois every alternate section of land for six sections in width on each side of a proposed railroad, and until the state could make its selection, the land on either side of the track of the road was withdrawn from entry or sale.
In 1852, the selections were made, and the land not selected was offered for sale, and such as were not sold became subject to private entry.
In October, 1855, Clements began a settlement upon a portion of one of these sections.
In November, 1855, Warner purchased the same land at private sale at the land office.
In November, 1856, Clements claimed a preemption right, and the register and receiver granted a certificate of purchase accordingly.
The case is stated in the opinion of the court.