COUNT IV- REPLEVIN
289. Plaintiffs on behalf of themselves, their ancestors and all other descendants who are similarly situated, re-allege as if fully set forth, each and every allegation contained in the preceding paragraphs.
290. The defendants hold personal property that was never properly vested in them.
291. Title to the property never vested in the defendants because the enslaved person's work was unpaid, stolen and forcibly held.
292. The plaintiffs hold a superior right of possession of the property.
293. Defendants aided and abetted, conspired or otherwise acted jointly with others to deny this right.
294. The defendants are liable to the plaintiffs under the common law theory of replevin.
295. The plaintiffs have demanded a return of the property and the defendants have refused.
296. These parties fraudulently concealed the cause of action from the heirs or the estates, so that the statute of limitations does not begin to accrue until the full facts of the cause of action are reveled to the heirs and the estate, which will require disclosure by and discovery against defendants, pursuant to Illinois Statute 13-215 (IL ST CH 110 Section 13-215 “Fraudulent Concealment. If a person liable to an action fraudulently conceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within 5 years after the person entitled to bring the same discovers that he or she has such cause of action, and not afterwards.”)
297. Plaintiffs as the equitable and legal beneficiaries are entitled to the value of this property.
298. As a result of defendants' wrongful acts and omissions, plaintiffs and the plaintiff class have been injured and demand judgment against the defendants jointly, severally and/or in the alternative on this cause of action for, amongst other things: (a) an accounting of the slave labor monies, profits and/or benefits derived by defendants; (b) a constructive trust in the value of said monies, profits and/or benefits derived by defendants use of slave labor; (c) full restitution in the value of all monies, profits, and/or benefits derived by defendants' use of slave labor; (d) equitable disgorgement of all said monies, profits, and/or benefits derived by defendants' exploitation of slave labor; and (e) other damages in an amount in excess of the jurisdictional limits of this Court and to be determined at the trial herein, together with interest, exemplary or punitive damages, attorneys' fees and costs of this action.
