COUNT II - CONVERSION
268. The allegations within this complaint are incorporated by reference as though fully set forth herein.
269. Under most manifestations of slavery, the enslaved was considered personal property, chattel or commodity.
270. The enslaved Africans had a property right in themselves.
271. This property right was wrongfully and illegally taken.
272. Defendants aided and abetted, conspired or otherwise acted jointly with others to deny this right.
273. Defendants converted this property into proceeds for which they have become the constructive trustee.
274. The proceeds are quantifiable and should be segregated and held in a separate fund for the behalf of the beneficiaries, the enslaved descendants' heirs.
275. Plaintiffs as the equitable and legal beneficiaries are entitled to the value of this converted property.
276. Plaintiffs have demanded an accounting of these proceeds and the defendants have refused.
277. 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.
278. As a result of defendants' failure and refusal to account for, acknowledge and return to plaintiffs and the plaintiff class, the value of their ancestors' slave labor, defendants have willfully and wrongfully misappropriated and converted the value of that labor and its derivative profits into defendants' own property.
279. Defendants have never accounted for or returned the value of plaintiffs' ancestors' slave labor and the profits defendants derived from said slave labor.
280. 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.