It is unfortunate that the statutes in this state on which such decisions as the instant one are based have not long since been repealed or modified. It is becoming more and more apparent that the courts cannot be expected to lessen the oftentimes arbitrary and seemingly unjust result which flows from the literal application of these statutes. The instant case would have been an excellent one in which to permit the defendant to establish the title of his grantors on the merits. But in spite of the desirability of relaxing the rigorous enforcement of such statutes, the court continues to regard possession at the time of the disputed conveyance as determinative of a deed's validity, even though the grantor in such deed might have had the legal title at the time it was executed and delivered.
Thomas G. Roady, Jr.,
Real Property -- 1960 Tennessee Survey,
13 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol13/iss4/23