Taub v. Merriam

JACOBS, Judge:

This appeal arises from the denial of appellant Institutional Investors Trust’s (hereinafter IIT) petition seeking to intervene in execution proceedings against four tracts of land and to stay execution. The order appealed from also denied appellant’s request for a preliminary injunction against the sheriff’s sale proceeding. Both petitions for relief were denied by the court below on the basis that the issues raised were res judicata; the preliminary injunction was refused for the additional reason that appellant has an adequate remedy at law. The first issue for our…