While I concur in the opinion and result of this case, I do not wish to hold that the decree in question is appealable. Buttrey v. Buttrey, 214 Ala. 465, 108 So. 35, and same case in post, p. 268, 118 So. 282. True the appeal is from a decree on demurrer to the petition, but the statute as to appeals applies to rulings on demurrer to bills and cross-bills and not petitions.