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  5. 936 S.W.2d 266 (1996)
 

STEWART TITLE GUAR. CO. v. F.D.I.C.

936 S.W.2d 266 (1996)

STEWART TITLE GUARANTY COMPANY, Plaintiff/Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Statutory Successor to Resolution Trust Corporation, in its capacity as Conservator for Cherokee Valley F.S.A., Defendant/Cross-Plaintiff/Appellant; and Alfonso Charles and Gwendolyn Charles, Defendants/Cross-Defendants/Appellees.

Court of Appeals of Tennessee, Eastern Section.

Application for Permission to Appeal Denied December 23, 1996.

Attorney(s) appearing for the Case

Ted C. Raynor of Leitner, Warner, Moffitt, Williams, Dooley & Napolitan, P.L.L.C., Chattanooga, for appellant.

John C. Cavett, Jr. of Cavett & Abbott, Chattanooga, for Stewart Title Guaranty Company.

Selma Cash Paty of Paty, Rymer & Ulin, P.C., Chattanooga, for Alfonso Charles & Gwendolyn Charles.

Application for Permission to Appeal Denied by Supreme Court December 23, 1996.

OPINION

SUSANO, Judge.

This litigation finds its genesis in the aftermath of a failed banking institution. In 1984, Cherokee Valley Federal Savings Bank (Bank) loaned appellees Alfonso and Gwendolyn Charles (Charles) $45,750 to finance the purchase of property on Signal Mountain, Tennessee. The Charles executed and delivered to the Bank a 90-day note for $45,750 and a...

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