Davenpoet v. United States

The heirs of William W. Brady filed a claim for Indian depredations within the statutory period. After the period expired, the administrator of the estate was substituted as the plaintiff. The defendants challenged the substitution as time-barred. The Court of Claims held that such substitution is permissible to prevent the failure of a meritorious claim due to technical defects, drawing parallels to practice under the Abandoned and Captured Property Act.

Heirs filed a timely claim for Indian depredations, but after the statutory period expired, the estate administrator was substituted as plaintiff, which defendants challenged as time-barred. The Court of Claims permitted the substitution to prevent failure of a meritorious claim due to technical defects, analogous to practices under the Abandoned and Captured Property Act. Judgment was entered for the claimant in the amount of $650.

• Substitution of parties is allowed after the jurisdictional period if the original filing was timely.
• The court distinguishes between misdescription of the cause of action and technical defects in parties.
• The court relies on precedent from the Abandoned and Captured Property Act.