On Motion for Rehearing
PER CURIAM.The only errors assigned in appellant’s Motion for Rehearing are that we erred in not holding that the nature of ap-pellee’s adverse possession of the lots in suit should be measured by the requirements of Art. 5511, V.A.C.S., appellant’s contention being that, as a matter of law, most of the lots which he owns are entirely surrounded by lands owned or claimed by ap-pellee and that there was no evidence or insufficient evidence to satisfy the requirements of such Article.
We will not further concern ourselves with the evidence question because we are convinced that Art. 5511 is inapplicable.
There are numerous lots, mostly in solid blocks, of which the record shows that appellant alleged and proved ownership. These lots, as we understand their location, either adjoin the perimeter of the lands claimed by appellee in this suit or they are lots which connect directly or by interlocking calls to such perimeter lots. An example is Block 10 in which Lot 1 is a perimeter lot being bounded on the East by lands not claimed by appellee. Lot 2 lies immediately West of Lot 1 and Lot 3 West of Lot 2 and so on for the remaining lots in the tier. Appellant does not contend that Lot 1 is entirely surrounded by lands claimed by appellee but he does contend that interior Lot 2 is so surrounded since appellee claims Lot 1 on the East and Lot 3 on the West by limitation.
Art. 5511 is one of several statutes relating to the acquisition of title to land by adverse possession! It distinguishes between the ownership of the land in controversy by one person who is out of possession and other lands owned, claimed or fenced by another person who claims by adverse possession the lands so owned by the first person. In the illustration given above Lot 1 is land owned by appellant and hence is not land owned, claimed or fenced by appellee within the meaning of Art. 5511 even though Lot 1 is claimed by appellee by adverse possession. The effect of what appellant would have us hold is that he be allowed the privilege of disclaiming ownership of Lot 1 in order to invoke the provisions of Art. 5511. This he cannot do for it would permit circumscription by circumvention and enable the owner to disclaim perimeter strips where needed to complete the encirclement of his lands. The statute certainly does not contemplate its evasion in this manner and upon principle it cannot be sustained.
With this explanation the motion for rehearing is overruled.
Motion overruled.