Claude A. Mitchell and Helen L. Mitchell, His Wife v. C. F. Mitchell and Rachel Mitchell, His Wife

This action was brought in the United States District Court for the District of Arizona by Claude A. Mitchell and his wife, Helen Mitchell, to quiet title to certain mining claims located in the Mineral Creek Mining District, Pinal County, Arizona. These claims are sometimes hereinafter referred to as the “Copper Butte claims.” The second amended complaint of Claude and Helen Mitchell, hereinafter referred to as appellants, was filed on October 29, 1959. It alleged that the appellants owned as community property a one-third undivided interest- in the Copper Butte claims. The complaint further alleged that C. P. and Rachel Mitchell, the defendants below and appellees herein, claimed an interest in appellants’ alleged one-third interest and that appellees had mined and sold ore from the Copper Butte claims in an unknown amount. The complaint then prayed for judgment establishing appellants’ title to one-third of the Copper Butte claims, for an injunction against appellees restraining them from asserting any claim to appellants’ claimed interest, for an accounting, and for such other relief as the court should deem proper. Thus, the complaint appeared as one setting forth an action…